Shree Chandrashekhar, J. - (1.) Aggrieved of order dated 2-8-2011 by which a part of the application for amendment has been declined and order dated 24-9-2011 whereby application under O. 1, R. 10, CPC has been rejected, the plaintiffs have approached this Court.
(2.) The petitioners are the plaintiffs in Title Suit No. 13 of 2010. The suit was instituted for a declaration of the plaintiff's right, title and interest over the Schedule-B properties along with the defendant Nos. 1 and 3 to 7 jointly and for confirmation of their joint possession. The sale deed dated 24-8-2007 executed by the defendant Nos. 9 and 10 in favour of defendant Nos. 1 and 2 in respect of part of Schedule-B land has also been challenged. After the defendant Nos. 1, 2, 9 and 10 filed their written statements, pleading that certain facts were not previously known to the plaintiffs and their ancestors and these facts have been pleaded by the defendants intheir written statements, an application for amendment was filed by the plaintiffs for incorporating certain facts in paragraph Nos. 15, 16, 19, 20(iii), 21, 23(i) and 23(ii) of the plaint and for adding Schedule-C to E lands in the schedule of properties. The plaintiffs sought correction in the genealogical table by adding Jagdish Kumhar and Bansi Kumhar as soons of Pachu Kumhar, and Rewati as wife of Bansi Kumhar and Tilaki was shown as wife of Jagdish Kumhar, who was sought to be deleted in the line of decendants of Pachu Kumhar. This application was partly allowed vide impugned order dated 2-8-2011. The impleadment of the above named persons has been declined by the trial Judge on the ground that the plaintiffs have failed to disclose the reason for impleadment of these persons in the suit. Thereafter, an application under O. 1, R. 10, CPC was filed by the petitioners for addition of four persons namely, (i) Dularchand Choudhary (ii) Ram Lakhan Choudhary (iii) Jobraj Choudhary, who are legal heirs of Bileshwari Devi and (iv) Bisesari Devi alias Bisheshwari Devi, the purchaser. This application has also been declined by the trial Judge by an order dated 24-9-2011.
(3.) Contending that Bileshwari Devi, who executed different sale deeds in favour of Bisheshwari Devi is necessary party to the suit for the properties comprised under sale deeds and gift deed are part of suit schedule lands, the learned counsel for the petitioners submits that the application for impleadment has been illegally rejected.;