M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 9th May, 2002 passed by the Assistant Collector, Roop was and the order dated 22nd April, 2004 passed by the Revenue Appellate Authority, Bharatpur apart from order dated 2nd May, 2017 passed by the Board of Revenue, Ajmer.
(2.) The petitioners filed an application under Order 1, Rule 10 CPC in the pending suit. It was mainly on the ground that land in dispute was purchased by them. The application was dismissed by the court below in reference to section 52 of the Transfer of Property Act, 1955. It was held that any sale during pendency of the proceedings is void. The Board of Revenue has maintained the order passed by the Revenue Appellate Authority. It is without realising that if decree is passed in favour of the respondents, how execution of the order would be made against the purchaser, not party to the litigation.
(3.) The application under Order 1, Rule 10, CPC does not decide rights of the parties, rather, provides opportunity of hearing. It is not that Section 52 of the Act of 1955 can be taken as obstruction for impleadment even if party may plead bona fide purchase of the land. In any case, I am not making further remarks on the issue but looking to the facts of this case, the petitioners should have been impleaded as party respondents.;