NARAYANI Vs. NANDRAM DAS

JUDGEMENT

(1.) By way of the order impugned dated 14.10.2016, passed by the learned Additional Sessions Judge No.1, Nimbahera, District Chittorgarh (hereinafter referred as 'the Appellate Court'), an application dated 3.8.2011 filed by the petitioner, under Order 1, Rule 10 of the Code of Civil Procedure,1908 has been rejected.

(2.) Shorn of unnecessary details, the facts in a nutshell, necessary for the purpose of adjudicating the matter in issue, within the confines of application for impleadment, are that a suit for specific performance was filed by the plaintiff Indermal, seeking specific performance of an agreement to sell dated 12.04.1980, against Nandram Das S/o Kishandas. Said suit was decreed by the Trial Court vide its Judgement and decree dated 13.04.2011. The defendant Nandram Das preferred an appeal against the said judgment and decree dated 13.04.2011, which is pending before the Additional District and Sessions Judge No.1, Nimbahera, District Chittorgarh.

(3.) Petitioner-applicant, a sister of the said appellant Nandram Das preferred an application dated 03.08.2011 under Order 1, Rule 10 of the Code of Civil Procedure,1908 seeking her impleadment in the appeal contending that the property in question was an ancestral property and the defendant singularly did not have right to alienate the same, to the detriment of her rights in the contentious property.