MANOHAR LAL Vs. MOHAN LAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred seeking quashing of order dtd. 27/1/2020 passed by the Court of learned Sub-Judge (CJM), Udhampur in a suit titled 'Mohan Lal Vs. Manohar Lal', whereby the Court has arrayed Arun Sharma as party defendant on its own by considering him to be necessary party.

(2.) A civil original suit for declaration had been filed by Mohan Lal (respondent) declaring Arun Sharma as legitimate son of the plaintiff, who is in the custody of the defendant/petitioner herein for the last 17 years, with the prayer for permanent prohibitory injunction restraining the petitioner/ defendant not to change the parentage of the minor Arun Sharma and to hand over the custody of minor to the plaintiff/respondent. The petitioner (defendant therein) appeared in the suit and filed written statement opposing the claim of the plaintiff/respondent on the ground that the suit is time-barred, and as per the admission of the plaintiff, the respondent had himself given his son in adoption to the plaintiff and his wife, who is the aunt of minor Arun Sharma.

(3.) On the pleadings of the parties, the Trial Court framed as many as nine issues. The petitioner filed an application on 12/5/2017 for shifting the onus of Issue No. 1 i.e., whether the suit is time-barred on the respondent/plaintiff and the same was pending for arguments. On 27/1/2020, the learned Trial Court, instead of hearing the arguments on the application dtd. 12/5/2017, without giving any opportunity to the petitioner, impleaded Arun Sharma as party defendant in the suit holding that he is a necessary party.