MANKUNWARBAI Vs. VINOD KUMAR

JUDGEMENT

(1.) By this petition, under Article 227 of the Constitution of India, the Petitioner (Defendant No. 1) has challenged the order dated 31-10-2007 passed by 1st Civil Judge, Class I, Neemuch in Civil Suit No. 74-A of 2005, by which the Plaintiff's applications filed under Order I Rule 10 and under Order 6 Rule 17 of the Code of Civil Procedure (for short Code of Civil Procedure) have been allowed.

(2.) Briefly stated, the Plaintiffs (Respondent Nos. 1 and 2 herein) have filed a Civil Suit on 6-9-2005 against the Petitioner as also against the Respondent Nos. 3 and 4 (Plaintiffs' father and mother) and 9 (State Government) seeking declaration of partition and permanent injunction in respect to the agricultural land. It was alleged that the said land being ancestral property of their family, which fell in their share as per the family arrangement carried out 5-7 years back, the Respondent Nos. 3 and 4, could not have sold the same to the Petitioner (Defendant No. 1).

(3.) The Petitioner who had purchased the said land from the Defendant Nos. 2 and 3 by way of a registered sale deed executed on 4-7-2005 for consideration of Rs. 3.24 lakhs filed written statement alongwith a counter claim seeking permanent injunction that the Plaintiffs and the Defendants Nos. 2 and 3 from whom she had purchased the land, be restrained from interfering into her possession. A specific plea was raised by the Petitioner that since the Plaintiffs have failed to join their sister Rekha Bai in the suit, the suit suffers from non-joinder of necessary parties.