PARBATI DEVI Vs. RAM SEWAK SINGH

JUDGEMENT

(1.) The instant writ application has been filed against the order dated 24.05.2007 passed by Sub-Judge-IV, Arrah in Title Suit no. 156 of 2001, whereby the learned court was pleased to allow the intervention application of respondent no. 4 in a suit for specific relief. The petitioner is plaintiff of Title Suit no. 156 of 2001 before Sub-Judge-1, Arrah for specific performance of Mahadnama executed by the defendant no. 1/respondent no. 1 on 18.12.2000 in his favour. Defendant nos. 2 and 3 in suit are formal parties, who are respondent nos. 2 to 3 in the suit.

(2.) On 24.03.2007, respondent no. 4 filed a petition under Order 1 Rule 10 of the C.P.C. read with Section 151 C.P.C. for being added as defendant no. 4. Respondent no. 4 in her petition stated that prior to filing of the suit, defendant no. 1 had executed a registered sale deed in her favour on 23.12.2000, as such she would be a necessary party. The petition of respondent no. 4 was opposed by the plaintiff.

(3.) The trial court on 24.05.2007 allowed the petition of intervener respondent for being impleaded a defendant in the suit. The trial court was of the view that as the intervener had purchased the suit property prior to filing of the suit, he would be a necessary party for disposal of the suit. The trial court also observed that addition of intervener as defendant would not change the nature of the suit and in fact his addition as party defendant would be in interest of plaintiff-petitioner herself.