BINOD KUMAR KHOWALA Vs. BHAGWATI PRASAD KHOWALA

JUDGEMENT

(1.) The petitioner, claiming himself grand-son of Devi Prasad Khowala, is aggrieved of order dated 23.02.2018 passed in Title Suit No.108 of 1998 by which his application under Order-I Rule 10(2) CPC seeking his impleadment in the suit has been rejected.

(2.) Briefly stated, Title Suit No. 108 of 1998, in which the petitioner seeks his impleadment, was instituted by Bhagwati Prasad Khowala for a decree for declaration that sale-deed no.2340 dated 17.08.1998 and sale-deed no.2344 dated 18.08.1998 executed by the defendant no.1 in favour of the defendant nos. 2 and 3 are illegal, void ab initio, unlawful, inoperative, fraudulent and thus not binding on the plaintiff. Another relief sought by the plaintiff is for permanent injunction against the defendants second party restraining them from alienating or encumbering the suit property and to maintain status quo in respect of the suit property during pendency of the suit.

(3.) The plaintiff-Bhagwati Prasad Khowala is son of Devi Prasad Khowala and the defendant no.4-Bhagwan Das Jain is the son-in-law of Devi Prasad Khowala. The petitioner is grandson of Devi Prasad Khowala. His father namely, Mahabir Prasad Khowala had four sons; the petitioner's two brothers namely, Dinesh and Manoj are dead now. Defendant no.1 is brother-in-law of Ram Nath Khowala. The defendant no.2 is the wife of Dinesh and defendant no.3 is the wife of Manoj. The defendant no.4-Bhagwan Das Jain is the attesting witness to the aforesaid sale-deeds. Defendant nos.5 to 7 have been labelled as proforma defendants.