Ravinder Prakash And Others vs Rajinder Kaur & Others

Sureshwar Thakur, J

The instant petition is directed against the dis­ affirmative findings recorded by the Additional District Judge (III) Kangra at Dharamshala, camp at Palampur, upon, an application, cast therebefore under the provisions of Order 1 Rule 10(2) C.P.C, (a) and wherethrough the applicants/petitioners herein sought their impleadment, in the array of contesting litigants, as, defendants/respondents. The reasons assigned, by the applicants/petitioners herein for seeking their impleadment in the array of defendants/respondents, in the Civil Appeal concerned, (a) is comprised in their acquiring title in a part of the suit land from sole defendant Yashoda Devi, and the afore occurring after dismissal of the Civil Suit No. 145 of 2008, wherefrom, an appeal is pending before the learned Appellate Court. Even though, the afore averment, supported by an affidavit, was sufficient to constrain the first appellate Court, to proceed, to grant relief to the applicants/petitioners herein, (b) given theirs being both just and necessary parties, and, also for ensuring that the entire gamut of the lis, hence, standing clinchingly rested, (c) consequently rather the learned Appellate Court proceeded to decline the relief, to the applicants/petitioners herein, on an extremely tenuous or flimsy pretext, qua there being no disclosure in the plaint vis­a­vis the date of demise of Yashoda Devi, (d) AND, the tenuousness of the afore reason, is, further galvanised from the further factum, that, there exists no averment qua acquisition of title, vis­a­vis, the applicants/petitioners herein, in, a part, of, the suit property, from Yashoda Devi, through a registered sale deed, rather being a sequel of impersonation(s), of, the identity of Yashoda Devi, before, the Sub Registrar concerned. Consequently, there is a gross infirmity in the impugned order, hence, the same is quashed and set aside. The petition is allowed, the petitioners herein are ordered to be impleaded, as defendants/respondents, in the appeal, concerned. However, as stated at bar by the learned counsel, for, the petitioners, the learned appellate Court, shall not permit, the petitioners to institute any written­ statement to the plaint, and also shall not permit the petitioners, to adduce any evidence on any issue, except for permitting them to place on record, the, certified copy of, a, verdict rendered by the Civil Concerned, wherethrough sale deed concerned, stands declared to be valid, and, wherethrough the petitioners acquired title, in, a part of the suit property.

The parties are directed to appear before the learned appellate Court on 16.4.2019.

All pending applications stand disposed of accordingly. Records be sent back.