LARHO DEVI Vs. CHIRANJI LAL

JUDGEMENT

(1.) This civil revision petition has been filed against an order dated 24-3-1982.

(2.) By the impugned order, the Court below added Binda Devi as defendant under Order 1, Rule 10 read with Order 34, Rule 1 of the Code of Civil Procedure (hereinafter referred to as 'the Code'. This is a suit for redemption of mortgage bond which was executed by Parmeshwar Sahu to favor of defendant No. 1 Parmeshwar Sahu died and he left behind four sons, namely, Rajendra Sahu, Ramsaran Sahu, Bijoy Kumar Sahu and Sambhoo Sahu, Rajendra Sahu, Ramsaran Sahu and Bijoy Kumar Sahu are the plaintiffs. Now, Shambhoo Sahu is dead. It was alleged by Binda Devi that she was the widow of Shambhoo Sahu. Therefore, she filed an application for adding her as a party in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. It is for this reason that the Courts below added her as a party. It was alleged in the written statement of one set of the defendants that she is the widow of Shambhoo Sahu and as such her presence is necessary for deciding the issue raised in the suit effectually and completely.

(3.) The plaintiffs dispute the correctness of the claim of Binda Devi. However, she should be added as a party under Order 34 Rule 1 read with order 1 Rule 10 of the Code for the reasons mentioned herein below: