KASHMIR SINGH Vs. DEVINDER PAL AND ANOTHER
LAWS(P&H)-1992-8-177
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 13,1992

KASHMIR SINGH Appellant
VERSUS
Devinder Pal And Another Respondents

JUDGEMENT

S.K. Jain, J. - (1.)Kashmir Singh petitioner had entered into an agreement with Chanchal Singh for the purchase of House No. 632, Phase IV, Mohali, on May 28, 1989, for a sale consideration of Rs. 3,15,000.00. He pad Rs. 50,000.00 as earnest money. Devinder Pal Singh son of Chanchal Singh sued his father seeking a decree for permanent injunction restraining him from Selling House NO. 632, Phase IV, Mohali, which is the subject-matter of agreement of sale, on the ground that the said house had been constructed and owned by him.
(2.)After coming to know of the pendency of the said suit Kashmir Singh moved an application under Order 1 Rule 10 of the Code of Civil Procedure, for being impleaded as a party, It was opposed by the plaintiff Devinder Pal Singh on the plea that the applicant was neither a necessary nor a proper party to the suit. Shri K.L. Chopra, Subordinate Judge, 1st Class, Kharar, vide his order of June, 10,1991, dismissed the application saying that the applicant could not be said to be either a proper or a necessary party.
(3.)Feeling aggrieved the applicant Kahsmir Singh has challenged the said order in this Civil revision.


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