PERMOD KOHLI,J - (1.) THIS is an application filed under Order 22 Rule 10 of Code of Civil Procedure, for impleadment of applicants as appellant Nos. 2 to 5 in this appeal.
(2.) SURESH Kumar, filed a suit for declaration seeking correction of the sale deed executed by one Jit Singh in his favour on June 05, 1987. The trial Court decreed the suit vide its judgment and decree dated January 13, 2004. Suresh Kumar sold the suit property to the applicants,namely Gurdev Singh, Sinhan Singh, Gurdeep Singh and Naib Singh, vide sale deed dated January 21, 2004. It is the admitted case of the parties that till then, no appeal had been filed. However, the defendants/respondents filed an appeal against Suresh Kumar, before the lower Appellate Court on January 22, 2004. The appeal was contested by Suresh Kumar, the original plaintiff without informing the Court regarding transfer of interest in the suit property. The lower Appellate Court, however, decided the appeal vide its judgment and decree dated March 24, 2006. Aggrieved of the judgment passed by the lower Appellate Court, Suresh Kumar filed the present appeal before this Court on March 30, 2006. During the pendency of this appeal, the respondent Nos. 3 to 5 sought dismissal of the appeal on the ground that the appellant Suresh Kumar has sold the property and has no right to prosecute the appeal, he having no interest in the suit property. It was after filing of this application that the present application i.e. C.M. No. 8089-C of 2006 has been filed by these applicants for their impleadment as appellants Nos. 2 to 5 on the ground that they have acquired interest in the suit property and are entitled to be impleaded as appellants under Order 22 Rule 10 of C.P.C.
(3.) THIS application is opposed by the other side by filing objections.;