- (1.) This revision petition assails the order dated 11.5.2009 passed by the Civil Judge (Junior Division), Fatehgarh Sahib, rejecting the application of the plaintiff- petitioner (herein referred as, 'the petitioner') under Order 1 Rule 10 CPC for impleading Iqbal Singh son of Mohinder Singh as defendant and also to amend the suit under Order VI Rule 17 CPC. Factual matrix of the case is that the petitioner filed a suit for declaration to the effect that they are the joint owners to the extent of 1/9 th share each, belonging to defendant and the order dated 14.7.2006 passed by the court of Collector/ A.D.C. (D), Fatehgarh Sahib is illegal, null and void.
(2.) They have also sought joint possession of the suit land. In nutshell, the plea set up by the petitioners is that the suit land is recorded as jamla mustarkan malkat hasab rasad zar khewat, as such the petitioner and the defendants being the legal heir of Ujjagar Singh are the owners to the extent of 1/9 th share each, in the suit land. Mohinder Singh alone had obtained the order dated 14.7.2006, from the court of Collector/Additional Deputy Commissioner, Fatehgarh Sahib by moving application under Section 11 of the Punjab Village Common Lands Act 1961 (herein referred as, 'the Act') that he is the sole owner of the suit property, as such, the said order is set aside. Now the petitioner by way of an application under Order 1 Rule 10 CPC has pleaded that Mohinder Singh, after obtaining order dated 14.7.2006 had executed the sale deed of the said land in favour of his son Iqbal Singh on 16.1.2007. Since the said sale deed has been executed pursuant to the illegal order dated 14.7.2006, therefore, the same is liable to be set aside and he wants to amend the plaint accordingly.
(3.) Reply to the application was filed wherein it was denied if the petitioners are the owners of the suit land. The plaintiff has pleaded the sale deed dated 16.1.2003, whereas they have stated that the sale deed is not dated 16.1.2003 but dated 16.1.2007. However, it was admitted that besides Gram Panchayat of village Niamu Majra, Tehsil Bassi Pathana, District Fatehgarh Sahib, Iqbal Singh son of Mohinder Singh is also a necessary party to the present suit. However, it was denied in the reply to the application for impleadment if they are necessary parties to the suit. It was admitted that the defendant No.1 had obtained a declaration from the court of Collector/ Additional Deputy Commissioner, Fatehgarh Sahib that he is the owner in possession of the suit land.;