BHONEI DEVI Vs. PRABHU

JUDGEMENT

(1.) Petitioner by this writ petition assails the order dtd. 1/3/2016 whereby, the application filed under Order 1 Rule 10 CPC for impleadment was dismissed by the trial Court.

(2.) Brief facts, which are to be noted for disposal of suit preferred by the respondent are that one suit was preferred by the respondent-plaintiff praying for cancellation of Power of Attorney given to the defendant-petitioner herein. While the suit was pending, another suit was filed by the respondent-plaintiff for cancellation of the sale-deed executed by the Power of Attorney Holder in favour of the applicants. The sale-deed was upheld and the suit preferred by the respondent was dismissed. Against the said order and the decree, first appeal is pending. In another case before the Board of Revenue, the respondent challenged the action of Power of Attorney Holder in getting revenue record entries on the basis of said sale-deed, which has been decreed in his favour.

(3.) The petitioners-applicants Bhonri Devi and Premlata in whose favour the registered sale deed was executed by the Power of Attorney Holder, have moved application for impleadment in the trial Court after the matter was remanded by the Appellate Court in the proceedings taken upto against the suit which was dismissed, by the respondent-plaintiff. They pray therefore, that they are necessary parties and were required to be heard in the present suit wherein, a prayer has been made for cancellation of Power of Attorney, which was the basis of the sale-deed that was executed in their favour. The application has been rejected vide impugned order dtd. 1/3/2016.