A.N.JINDAL,J. - (1.) This petition assails the order dated 29.4.2010 (Annexure P1) passed by the Additional Civil Judge (Sr. Division), Rajpura declining to implead Balbir Kumar and Seth Chand as defendants No.14 and 15 being the subsequent vendees from defendants No.7 to 12 during the pendency of the suit.
(2.) The factual background of the case is that the plaintiff filed a suit for declaration and permanent injunction claiming themselves to be the owners of the suit property while tracing their rights in the same prior to 26.1.1950. Now they have stated that since the defendants No.7 to 12 have sold the land measuring 11 kanals 18 marlas out of the suit land to Balbir Kumar and Seth Chand on 17.10.2008, they are necessary parties to the suit. The sale made during the pendency of the suit being wrong, illegal, null and void is liable to be ignored as they are also hit by the principles of lis pendens.
(3.) The defendants- respondents put in appearance and contested the application on the ground that the subsequent purchasers pendente lite are not necessary parties, however, they have admitted that the defendant Nos. 7 to 12 have sold the land measuring 11 kanals 18 marlas, but it was further averred that Balbir Kumar and Seth Chand having purchased the property during the pendency of the suit have stepped into the shoes of the defendants, therefore, they are not a necessary parties.;