MUSHTAQ AHMAD LONE Vs. FAHMEEDA

JUDGEMENT

(1.) THE legal controversy which emerges out of this revision petition in nut -shell is whether a person seeking impleadment as a party in the proceedings/suit has a right to file revision petition, when his application seeking impleadment as a party under the provision of Order 1 Rule 10 of civil P.C. was rejected by a composite order by passing a decree on compromise?

(2.) THE facts in brief which have given rise to the present petition are that a suit for declaration came to be filed before the court below by the daughter/plaintiff against her father/ defendant declaring her to be the owner of land measuring 16kanals. The defendants i.e. father of plaintiff appeared before the court below and admitted the claim of the plaintiff and the suit came to be decreed accordingly on compromise.

(3.) THE present petitioner, who is the brother of plaintiff and son of the defendant in the suit before the court below, filed an application for being impleaded as a party to the suit and the said application seems to have been rejected by the trial court on 30 -9 -1995 on the count that the same will change the nature and character of the suit and will protract the proceedings. The court has further observed that the compromise has been placed on record by the parties to the suit and their statements stand already recorded in support of the compromise. As per compromise the suit stands decreed and the plaintiff has been declared to be the owner and in possession of suit property in view of the oral "gift made by defendant in her favour, and a decree of injunction also seems to have been passed against the defendant, restraining him from causing any interference with the suit land.