- (1.) BY way of this petition, a challenge has been made to the order dated 1st October, 2010 passed by the Civil Judge (Jr. Division), Deeg whereby an application under Order 1 Rule 10 read with Section 141 and 151 of CPC moved by the petitioner Girraj Vidya Mandir Samiti, Deeg for impleadment as party to the suit no. 74/2009 titled as Bhagwan Singh versus Ishwar Dayal has been dismissed.
(2.) HEARD the learned counsel for the parties and perused the petition including the impugned order. Counsel for the petitioner-applicant submitted that the impugned order passed by the trial court is vitiated by complete non-application of mind inasmuch as the trial court has held that the land in dispute is not in the name of Girraj Vidya Mandir Samiti, Deeg. Counsel has drawn the attention of this Court to the sale deed 14th January, 2009 wherefrom it is evident that the petitioner Girraj Vidya Mandir Samiti, Deeg has purchased the land by a registered sale deed. It is also an admitted fact that Bhagwan Singh plaintiff in the suit no. 74/09 has laid the suit against Ishwar Dayal, who is Manager of the petitioner Girraj Vidya Mandir Samiti, Deeg.
(3.) ORDER 1 Rule 10(2) of CPC provides that the court may join any person in the suit before it whose presence may be necessary to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. It is evident that when the suit laid by the plaintiff Bhagwan Singh relates to property of the petitioner Girraj Vidya Mandir Samiti, Deeg, the said Samiti ought to have been impleaded as a party to the suit to ensure that the issues in the suit for injunction are effectually and completely adjudicated.;