M.D.BHATT, J. - (1.) THIS is the revision against the trial Court's Order dated 11 -12 -79 dismissing the intervener Ashok Kumar's application for being joined as a party in the pending Civil Suit No. 114 of 66 Sunnu Khan v. Basai Khan and others.
(2.) IN a suit for declaration and permanent injunction, partition and possession filed by Sunnu Khan (present non -applicant No. 1) against certain members of his family viz. Basal Khan and others (present non -applicants -defendants No. 2 to 5), temporary injunction had been granted against the defendants, restraining them from interfering with the subject matter viz. the properties in suit. The present applicant Ashok Kumar had purchased some of the lands in suit from the defendants Kasimkhan and Subratikhan (non -applicants No. 4 and 5) during the pendency of the suit. Ashok Kumar having, thus, purchased part of the suit lands, filed the application under Order 22 rule 10 CPC for being joined as a defendant in the suit. The petition was opposed by the plaintiff, that Ashok Kumar could cot be joined in the suit, inasmuch as the purchase of the property by him during the pendency of suit was bit by section 52 of the Transfer of Property Act. The trial Court, upholding the petition of the non -applicant No 1 Sunnu Khan and being further of the opinion that Ashok Kumar's such purchase was in violation of the temporary injunction which had been granted against the defendants, rejected Ashok Kumar's application under O, 22, R 10 CPC and hence now, the present revision. The learned counsel for the applicant Ashok Kumar has urged before me that section 52 of the Transfer of Property Act is not attracted at all, so as to disentitle him from being joined as a party to safeguard his own interest, consequent to his purchase of a part of suit property from some of the defendants who being the close relatives of the plaintiffs, could as well, any time, may choose to collude with the plaintiff, to the detriment of the interests of the applicant purchaser Ashok Kumar Violation of temporary injunction is also urged to be of no effect so far as he was concerned, since the temporary injunction was not against him, but, was against the existing defendants, who alone could be proceeded against, according to law, for violation of the order of temporary injunction. In this context, it is also urged that plaintiff's own sons had equally purchased part of the suit property from the defendants Kasim Khan and Subratikhan during the pendency of the suit and despite the order of temporary injunction being in force, against these defendants. In support of this contention, learned counsel for the applicant Ashok Kumar has filed before me the certified copy of the sale -deed dated 14 -8 -74.
(3.) LEARNED counsel for the non -applicant -plaintiff has tried to repel the arguments pressed by the applicant's learned counsel by eon ending that the trial Court's discretion in the matter of its order passed under O. 22, R. 10 CPC, cannot be lightly interfered with except on cogent grounds which in the present case, are none. Order passed by the trial Court, being well within proper exercise of jurisdiction vested in it, without any material irregularity or illegality, is urged to be not open for interference in revision. It is also pressed before me that the applicant Ashok Kumar had merely purchased the right to litigate; and as such, he did not deserve to be allowed to be joined as a necessary or proper party in the case;