HANS RAJ Vs. PARWATI DEVI & ORS

JUDGEMENT

(1.) This revision is directed against the order dated 23.5.2001 passed by learned Sub Judge Ist Class (II), Palampur in Civil Suit No. 194/95 permitting Smt. Parwati Devi to be impleaded as defendant in the suit. The prayer in the application regarding Sections 10, 11 and 151 CPC was ordered to be considered at later stage of the case.

(2.) The other relevant facts are that Hans Raj petitioner has filed a suit for declaration against respondents No. 2 to 8 for rectification of sale deed. In the suit, applications, under Order 1 Rule 10 CPC, were filed by Guler Chand husband of respondent No.1 and Whether the reporters of the local papers may be allowed to see the Judgment, one Jondu Ram for impleading them as parties in the suit. The learned Sub Judge on 5.6.1998 dismissed the applications of Guler Chand and Jondu Ram by a common order. It was held that Guler Chand was neither a necessary nor a proper party in the suit. Guler Chand did not challenge the order dated 5.6.1998. Jondu Ram, however, filed Civil Revision Petition No. 377 of 1998 in this court against the order dated 5.6.1998, which was dismissed on 24.3.1999.

(3.) The petitioner has also stated in the revision petition that some litigation between petitioner and Guler Chand was decided by the Supreme Court on 6.5.1999 vide which the question of title was left open. The other litigation is also pending between petitioner and respondent No. 1 in the court of Sub Judge, Palampur as well as before the Divisional Commissioner, but such litigation has no bearing with respect to the relief claimed in the suit for rectification of the sale deed.