CHAMELI & ANR Vs. NETRAM & ANR

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 20.9.2014 passed by the learned Addl District Judge No.1, Behror, whereby the learned Judge has dismissed an application filed by the petitioner under Order 1 Rule 10 CPC.

(2.) The brief facts of the case are that the petitioners, Mrs. Chameli and Mr. Chiman, sold a land which belonged to them to the respondent NO.1, Mr. Netram, and to the respondent No.2, Mr. Jagdish Prasad, through a registered sale-deed dated 8.6.1998. Subsequently, respondent No.1 filed a civil suit for declaration against the respondent No.2. According to the respondent No.1, he had bought the land solely in his own name, and the name of the respondent No.2 has been entered inadvertently. Moreover, according to him, the respondent No.2 does not belong to "Chamar" caste, but belongs to "Ahir" caste. The respondent No.2 has filed his written statement admitting all the facts mentioned by the respondent No.1 in the plaint. During the pendency of the trial, the petitioners moved an application under Order 1 Rule 10 CPC for being impleaded as party. Howerver, by the impugned order dated 20.9.2014, the said application has been dismissed. Hence, this petition before this Court.

(3.) Mr. Gajendra Singh Rathore, the learned counsel for the petitioners has vehemently contended that both the petitioners are necessary and proper party. For, in case the suit were decreed in favour of the respondent No.1, and since the respondent No.2 admits the fact that he does not belong to Chamar caste, it may adversely affect the validity of the sale made by the petitioners to the respondent No.1.