DEVI DAYAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 6/2/2019 passed by learned Additional District Judge, Anoopgarh, Sri Ganganagar, whereby, the application preferred by the petitioner under Order 1 Rule 10(2) C.P.C. was rejected.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioner submits that originally the suit was preferred by one Anoop Singh against the defendants-Ashok Kumar and Ors. He submits that the suit was decreed ex-parte in favour of the plaintiff Anoop Singh on 27/8/2008. He further submits that after the suit was decreed in favour of Anoop Singh, the Mutation Entries were also made in his favour and thereafter, the present petitioner purchased part of the suit property vide Registered Sale Deed dtd. 30/4/2009 (Annexure-3). Learned counsel argues that the learned trial court vide order dtd. 17/11/2011 allowed the application preferred by respondents under Order 9 Rule 13 C.P.C. restoring the suit at its original position setting aside the ex-parte decree. He submits that the petitioner was unaware of the fact that the ex-parte decree had been set aside and when he came to knew that the original plaintiff Anoop Singh has died and his legal representatives have been brought on record, the factum of the pendency of the suit came to his knowledge and, being a bona fide purchaser of the part of the suit property, he preferred the application under Order 1 Rule 10(2) CPC for impleading him as a defendant in the matter.