Shashi Kant Gupta, J. - (1.) This writ petition has been filed against the order dated 30.4.2012 passed by the District Judge, Bulandshahar in Civil Revision No. 199 of 2011 (Smt. Rajwati and others v. Sri Nivas Sharma and others) as well as the order dated 22.3.2011 passed by the Additional Civil Judge (Senior Division), Court No. 3, Bulandshahar in Suit No. 420 of 1997 whereby the impleadment application as well as amendment application was rejected by the trial court.
(2.) The petitioners filed a Suit No. 420 of 1997 against the respondents for cancellation of a Will dated 11.8.1994 alleged to be executed by Ramshree Devi in favour of respondents for permanent injunction restraining the respondents not to interfere on the basis of alleged forged will on the plot of petitioners and further not to execute any sale deed of the disputed property. After receiving the notice respondents appeared before the court below and filed their written statement denying the plaint allegation. During the pendency of the suit, petitioners filed an amendment application under Order 6 Rule 17 of the CPC as well as an impleadment application under Order 1 Rule 10 of CPC read with Section 151 of the CPC on the basis that respondents have executed two sale deed dated 26.4.2005 in favour of smt. Saroj Devi W/o Dhirendra Singh, Resident of Village Dhawan, Tehsil Hapur, District Ghaziabad and another sale deed dated 16.10.2008 in favour of Smt. Sarvari Devi W/o Sattar Khan, Resident of Village Sherpur, Pargana and Tehsil Anoop Shahar, District Bulandshahar, as such, they may be impleaded as Respondents No. 7 and 8. Respondents filed their objection against the said application of petitioner and alleged that aforementioned application paper no. 249/A-1 filed for impleadment as well as amendment is not maintainable and there is no need to implead aforesaid persons. After hearing the parties, Additional Civil Judge (Senior Division) Court No. 3, Bulandshahar rejected the aforesaid application of petitioners on 22.3.2011. Aggrieved and dissatisfied with the said order, the petitioners filed a Civil Revision No. 199 of 2011 before the District Judge, Bulandshahar. The District Judge, Bulandshahar dismissed the said revision on 30.4.2012. Hence the present writ petition.
(3.) Heard learned counsel for the parties and perused the record.;