Balaku Ram vs Prem Chand and Others

Paramjeet Singh, J.—The instant petition under Article 227 of the Constitution of India has been filed for quashing the order dated 25.10.2012 passed by learned Civil Judge (Junior Division), Guhla, vide which the application under Order 1 Rule 10 CPC for impleading the petitioner as defendant No. 3 in the suit, has been dismissed. Heard.

Learned counsel for the petitioner vehemently contends that the land in question belongs to the gram panchayat and he is a resident of the village. Earlier, he had approached the competent authority u/s 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 and the said application was allowed. After demarcation, unauthorized possession of respondent No. 1 was removed. After having failed before the competent authority, respondent No. 1 has again approached civil court for stay. This Court while issuing notice of motion, directed the trial court to frame an issue with regard to the jurisdiction of the court and decide the same.

Keeping in view the facts and circumstances of the case and the fact that gram panchayat property has already been unauthorizedly occupied by respondent No. 1, petitioner being a resident of the village approached the competent authority and got the orders of ejectment of respondent No. 1. For just and proper decision of the case, petitioner is a necessary party to the suit. In view of this, present petition is allowed. Application of the petitioner under Order 1 Rule 10 CPC is allowed and the impugned order is set aside. Petitioner is ordered to be impleaded as defendant No. 3 in the suit.