BALWINDER SINGH & OTHERS Vs. NARANJAN SINGH & OTHERS
LAWS(P&H)-2012-11-585
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 01,2012

Balwinder Singh And Others Appellant
VERSUS
Naranjan Singh And Others Respondents

JUDGEMENT

- (1.) Present revision petition is directed against the order dated 30.8.2012, passed by the Civil Judge (Senior Division), Nawanshahr dismissing the application moved by the petitioner U/O 1 Rule 10 CPC for impleadment as a party.
(2.) Learned counsel for the petitioners has contended that trial court has erred in dismissing the plea of the applicants. They are necessary party to the suit. Thus, they need to be impleaded in the same. I have heard learned counsel for the petitioners and given careful thought to the facts of the case.
(3.) A suit was instituted on 22.9.2006. Plaintiff sought mandatory injunction qua the defendants for registration of sale-deed executed by them in his favour. Plea of the applicants for impleadment has been rejected by the court below observing that property belongs to defendants Chanan Kaur and Simar Kaur who had executed sale deed in favour of plaintiff. Registrar had, however, refused to allow registration thereof. A mandatory injunction was sought. Applicants were not able to show that they had any concern with the suit property. Before this court, petitioners have not been able to show how their presence before the court is necessary nor have they been able to make out any locus standi to be impleaded as a party. It is settled law that trial court would allow a party to be impleaded only if his presence before the court is necessary to enable it to completely and effectively to adjudicate upon the issue. There is, thus, no merit in this petition. Dismissed.;


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