Balbir Singh and Another vs Parbha Ram and Others

Paramjeet Singh, J.—Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 28.01.2013 (Annexure P-1) passed by learned Civil Judge (Jr. Divn.), Kurukshetra whereby application filed by the petitioners under Order 1 Rule 10 of the CPC (in short "the CPC") for impleading subsequent vendees as parties in civil suit, has been dismissed. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that on 13.02.2012, the petitioners plaintiffs filed suit for declaration with consequential relief of permanent injunction and on 26.07.2012, the injunction application was disposed of. Before the disposal of injunction application, but during the pendency of suit, the land in question was sold to Raj Bala W/o. Ramesh Kumar, Asha W/o. Bhupinder Singh and Seema W/o. Satyawan vide registered sale deed No. 4249 dated 13.07.2012. On 09.08.2012, the petitioners-plaintiffs moved application under Order 1 Rule 10 CPC for impleading the subsequent vendees as parties which has been dismissed vide impugned order dated 28.01.2013 (Annexure P-1). Hence, this revision petition.

I have heard learned counsel for the parties and perused the record.

From the perusal of record, it is clear that the persons who are sought to be added as defendants have purchased the land in dispute during the pendency of suit. The Hon''ble Supreme Court in Thomson Press (India) Ltd. Vs. Nanak Builders and Investors P. Ltd. and Others, has held in clear words that a purchase of suit property during pendency of suit can be allowed to be impleaded as party defendant. Undoubtedly, principle of lis pendens will apply, but impleadment of subsequent vendees as parties will avoid multiplicity of litigation, delay in proceedings and subsequent objections at the stage of execution which may be raised by the subsequent vendees being bona fide purchasers for valuable consideration etc. 6. In view of above, the impugned order dated 28.01.2013 is set aside. The petitioners-plaintiffs shall file amended plaint within 15 days from the date of receipt of certified copy of this order and thereafter, the trial Court shall proceed further in accordance with law.