- (1.) This revision petition under Article 227 of the Constitution of India has been filed by Sher Singh (one of the legal representatives of Karan Singh-plaintiff No.1) and Sarti-plaintiff No.3 to assail order dated 03.04.2010 Annexure P-2 passed by learned trial Court thereby allowing application moved by respondent No.2-Jogi Ram (wrongly mentioned as Chandgi Ram in the heading and body of the revision petition) for impleading him as party to application for preparation of final decree of partition.
(2.) Suit was filed by plaintiff-Karan Singh and Chandgi Ram sons and Sarti daughter of Chunni Lal against Dadri Education Society, Dadri as contesting defendant No.1. Preliminary decree of partition was passed vide judgment dated 13.09.1999 (Annexure P-1) holding the suit land measuring 10 kanals 14 marlas to be joint land and holding that plaintiffs have 32/214 share in the said land whereas defendant NO.1 has the remaining 182/214 share therein. Plaintiffs thereafter filed application for preparation of final decree. During pendency thereof, Jogi Ram respondent No.2 moved application under Order 1 Rule 10 of the Code of Civil Procedure for impleading him as party alleging that he had purchased 100 square yards plot out of the suit land from plaintiffs No.2 and 3 through plaintiff No.1 as their attorney vide sale deed dated 11.10.1982 i.e. long before the institution of the partition suit and the land purchased by him is part of khasra No.768 i.e. part of the suit land although khasra number has not been mentioned in the sale deed. Plaintiffs had also sold land to many other persons. Details of five sale deeds and their vendees were also given in the application.
(3.) Accordingly Jogi Ram claimed to be necessary party to the lis.;