R.L.ANAND, J. - (1.) THIS is a civil revision and has been directed against the order dated 4.5.1998 passed by the Court of Additional District Judge, Sirsa, who allowed the application under Order 1 Rule 10 Code of Civil Procedure filed by Smt. Kaushalaya Devi, Smt. Rukman Devi and Soma Wati, daughters of Ram Jas praying that they are the legal representatives of Smt. Sabha Devi and if the decree dated 5.5.1998 is set aside, the land measuring 15 kanals 2 marlas would revert back to Smt. Sabha Devi, who has since expired and the applicants being the successors of Smt. Sabha Devi are necessary parties. Some facts can be noticed in the following manner :-
(2.) THE land measuring 15 kanals 2 marlas belongs to Smt. Sabha Devi. She got this land exchanged with Surain Ram, who died. Maya Devi, Kalu Ram, Jai Chand, Hukam Chand, Bagicha Singh are the legal representatives of Surain Ram. The petitioners - Jangir Singh, Kashmir Lal, Suraj Singh, Mohan Lal, Mohan Ram and Smt. Bhagwan Devi filed a suit for declaration challenging the decree dated 5.5.1998. The suit was decreed by the trial Court. Appeal was filed by the legal representatives of Surain Ram before the Court of Additional District Judge, Sirsa. During the pendency of the appeal. Smt. Kaushalaya Devi and others filed an execution application under Order 1 Rule 10 Code of Civil Procedure praying that they should be impleaded as parties under Order 1 Rule 10 Code of Civil Procedure mainly on the ground that if the property is reverted back to Smt. Sabha Devi, they are her legal representatives and, therefore, they are the necessary and proper parties. Court of learned Additional District Judge, Sirsa, vide impugned order and for the reasons given in para 3 of the order allowed the application. Paras 3 and 4 are reproduced as under :- "3. The trial Court vide its judgment has decided the share of each of the LRs to be given out of the suit property of Sabha Devi. The applicants are claiming themselves to be heirs of Sabha Devi in accordance with the provisions of Sections 15 and 16 of the Hindu Succession Act. The appellants have got no objection in allowing the application of the applicants and has alleged that by way of impleading the applicants, a fresh cause of action will arise. Therefore, the applicants are not necessary party. He has relied upon Rohi Ram and others v. Mukhtiar Kaur and others, 1986(1) PLR 303 and Mauji Ram v. Onkar Singh, 1998(2) R.C.R.(Civil) 375 : 1988(1) PLR 529. The referred authorities are not applicable in the circumstances of the present case because it is not a case of additional evidence and in the Rohi Ram's case (supra) there was a dispute of LRs on the basis of will and another claiming on the basis of relationship but in the present case there is no such dispute and the applicants are claiming the share in the property of Sabha Devi only on the basis of relationship. When a party is not originally impleaded in the suit on account of bona fide mistake then appellate Court has power to add such party under Order 41 Rule 20 CPC. The learned counsel for the applicant has relied upon Notified Area Committee Buria v. Gobind Ram Lachhman Dass and others, AIR 1959 Punjab 277 and Sham Lal and others v. Sultan, AIR 1961 (Vol. 48) J&K. 4. Under Section 16 of the Hindu Succession Act, the order of succession and manner of distribution among heirs of female Hindu is defined. In case applicants are not impleaded party to the present appeal, then it will give rise to the multiplicity of the cases. Whatever may be the fate of the present appeal, one thing is certain that the dispute regarding the distribution will be settled among the heirs for all times to comes. Keeping in view the circumstances of the case, it will be appropriate to implead the applicants as respondent-party to the appeal. The application of the applicants is hereby allowed." Aggrieved by the said order, the present prevision has been filed by Jangir Singh and others who are the plaintiffs in the trial Court.
(3.) I have heard Mr. J.S. Thind, learned counsel for the petitioner and with his assistance, I have gone through the record of this case.;