JUDGEMENT
Mehinder Singh Sullar, J. -
(1.) THE contour of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, the application (Annexure P6) filed by petitioner Devinder Singh son of Darshan Singh (for brevity "the petitioner -DH") for impleading him as a party (defendant) under Order 1 Rule 10 read with section 151 CPC, in the suit filed by respondent No. 1 Smt. Kuldip Kaur against her husband Ajit Singh S/o. Kaka Singh -respondent No. 2 (for short "the respondent -JD") was dismissed by the trial Court, by virtue of impugned order dated 29.8.2011 (Annexure P7). Aggrieved thereby, the petitioner -DH has preferred the present petition, invoking the superintendence jurisdiction of this Court under Article 227 of the Constitution of India.
(2.) HAVING heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the instant petition deserves to be accepted in this context. As is evident from the record that Ajit Singh respondent -JD, husband of Kuldip Kaur (plaintiff), was owner and in possession of land in dispute. He executed an agreement to sell his land dated 9.1.2006 in favour of petitioner -DH. Since the JD did not perform his part of contract, so, the DH filed the civil suit, bearing No. 378 of 2006 against him for possession by way of specific performance of the pointed agreement to sell.
(3.) HAVING completed all the codal formalities, ultimately, the suit of petitioner -DH was decreed by the trial Court, by means of judgment & decree dated 25.10.2008 (Annexure F2).;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.