JUDGEMENT
MEHINDER SINGH SULLAR, J. -
(1.) THE compendium of the facts and material, culminating in the
commencement, relevant for deciding the instant revision petition and
emanating from the record, is that, initially, respondent Nos.1 to 4 -plaintiffs
Satwinder Singh son of Joginder Singh and others (for brevity "the
plaintiffs"), have instituted the civil suit against remaining respondents No.5
to 14 -defendants No.1 to 10 Kuldeep Kaur w/o Gurdyal Singh and others,
including petitioner -defendant No.11 Joginder Singh son of Chand Singh
(for short "the defendants"), for a decree of declaration to the effect that,
notwithstanding anything contained contrary to the plaintiffs in the revenue
record or record of title, they are co -owners to the extent of 1/4th and 1/2
shares mentioned therein in the parcels of the land in dispute. They have
also challenged the judgment & decree dated 16.10.1981 and resultant
mutation No.2667, in pursuance thereof sanctioned in favour of Kuldeep
Kaur defendant No.1 and the sale deeds dated 18.5.1987 & 20.5.1987
executed by her in favour of defendant Nos.3 to 6 as illegal, null, void and
inoperative on the rights of the plaintiffs.
(2.) HAVING completed all the codal formalities, as soon as, the case was slated for rebuttal evidence and arguments, in the meantime, petitioner -
defendant No.11 has moved an application (Annexure P1) to transpose him
as plaintiff No.5. The trial Court dismissed the same, by virtue of impugned
order dated 28.2.2014 (Annexure P2).
Aggrieved thereby, the petitioner -defendant No.11 has preferred the present petition, invoking the superintendence jurisdiction of
this Court under Article 227 of the Constitution of India.
(3.) AFTER hearing the learned counsel for the petitioner, going through the record with his valuable help and after considering the entire
matter deeply, to my mind, there is no merit in the instant petition in this
context.;
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