A.N.JINDAL, J. - (1.) THE petitioner-plaintiff (hereinafter referred to as the plaintiff) has called in question two orders dated 16.1.2004 and 26.2.2004 wherein the appellate Court in the appeal titled as Kanwar Sain v. Ram Pal etc. pending before it against Civil Suit No. 6 of 3.1.1954 decided on 31.1.2003 titled as Ram Pal v. M/s. Hari Singh HUF and others allowed the defendants-respondents to implead Akki Devi as respondent, in the application filed by them under Order 22 Rule 4 CPC for impleading the LRs of Hari Singh HUF.
(2.) THE facts in the backdrop of the case are that Ram Pal filed a suit for specific performance against the defendants M/s. Hari Singh HUF, M/s. Sant Singh HUF and others in which the defendants took a specific plea that Akki Devi, the wife of Jangir Lal daughter of Hari Singh is a necessary party and she should have also been impleaded as party being the member of HUF. On this specific plea raised by the defendants, a specific issue No. 2 was framed which reads as under :- "Whether the suit is bad in non-joinder of necessary parties and is bad in misjoinder of necessary parties ? OPD." The lower Court vide its judgment dated 31.1.2003, while observing that all the members of the M/s. Hari Singh HUF have been made parties and no other member exists and therefore decided this issue in favour of the plaintiffs. Aggrieved by the aforesaid judgment dated 31.1.2003, Kanwar Sain Bansal defendant-respondent went up in appeal. During the pendency of the appeal Akki Devi filed an application that she being the LR of deceased Hari Singh is necessary party. The first appellate Court on 17.10.2003, on the application moved under Order 22 Rules 2 and 4 read with Section 151 CPC for impleading Akki Devi @ Savitari Devi as LRs of deceased Hari Singh allowed the application subject to all just exceptions and fixed the case for arguments on 16.1.2004.
(3.) THE other order challenged by the revision petitioner is dated 26.2.2004 whereby the review petition filed by respondent No. 1 Ram Pal for withdrawing the order of impleadment of Akki Devi as a party has been dismissed.;