REKHA Vs. HINDU SEVA PRATHISTANA

JUDGEMENT

(1.) THIS civil revision petition at the instance of a third party who had sought to implead herself as a party defendant in Original Suit No. 148 of 1996 on the file of the Court of the Additional City Civil Judge (CCH-13), Bangalore City is against the order dated 5th January, 2000 rejecting LA. No. IV filed under Order 1, Rule 10 of the Code of Civil procedure ('cpc for short) declining the prayer in the I. A. by the Trial court.

(2.) O. S. No. 148 of 1996 is filed by the plaintiff who is the first respondent in this revision petition, praying for a restraint order against the defendants 1 and 2 therein, from alienating the suit schedule premises in favour of the third defendant. The suit came to be filed as the plaintiff claims the suit property under a Witt dated 15-8-1990 executed by one late Pandit S. Narayana Rao, who has bequeathed this property in favour of the plaintiff with a life-interest reserved in favour of Smt. Lakshmi Bai, the first defendant, who is the wife of the said Narayana Rao and another lady Smt. Sharadamma who was said to be residing with the said Narayana Rao at that time. The property was to vest absolutely in favour of the plaintiff Trust after their lifetime. The plaint averment is that as the two ladies attempted to alienate the suit property even during their lifetime, it became necessary for the plaintiff to file the suit and to seek an order of injunction to restrain the defendants 1 and 2 from alienating the property etc.

(3.) THE suit had been set down for filing of the written statement of the defendants and at this stage, the civil revision petitioner filed an application under Order 1, Rule 10 of the Civil Procedure Code seeking for her impleadment as a party to the proceeding as an additional defendant to the suit. The petitioner pleaded that late Pandit Narayana Rao has left behind a Will dated 23-8-1991, that is, a day prior to his death on 24-8-1991 bequeathing the suit schedule property absolutely in favour of the petitioner-applicant reserving a life-interest in favour of his wife during her lifetime.