R.L.ANAND, J. - (1.) THIS is a Civil revision and has been directed against the order dated 5.5.2000 passed by Civil Judge (Jr. Division), Kaithal, who allowed the application under Order 1, Rule 10 CPC filed by respondents No. 1 to 10 for the following reasons as given in para No. 2 of the impugned order :- "2. Admittedly, the allotment of land to applicants in the year 1978 has not been denied by the plaintiffs, through the plaintiffs have been taken the plea that the same stands cancelled automatically having been allotted more than 20 years back. Therefore, in view of this, the applicants are the most effected persons from the decision of the suit, so the rule of dominus-litus is not applicable in the present case, consequently, the application filed by the applicants for impleading them in the array of defendants has merits and stand allowed. Now to come up on 15.5.2000 for filing amended title."
(2.) SOME facts can be noticed in the following manner : Plaintiff/petitioners filed a suit for permanent injunction against the State of Haryana and Collector Agrarian, Kaithal that they are owners and in possession of the land which was declared surplus illegally and it has no binding effect on their rights. During the pendency of the suit, respondents No. 1 to 10 filed an application under Order 1 Rule 10 CPC mainly on the plea that the land which was declared surplus was allotted to them in the year 1978 and, therefore, they have derived right, title or interest in the same. Since the plaintiff/petitioners have not made them party, therefore, they are the necessary/proper parties. Notice of the application was given to the plaintiff-petitioners, who denied the allegations and stated that since the alleged allottees did not make the payment and take the possession of the land within 7 days from the date of alleged allotment, therefore, no right, title or interest passed to them.
(3.) AFTER hearing the parties, the learned trial court for the reasons given in para No. 2 of the impugned order allowed the application of respondents No. 1 to 10. Aggrieved by the order dated 5.5.2000, the present revision.;