SHREE CHANDRASHEKHAR,J. - (1.) Aggrieved of order, dated 31-1-2017 passed in Title Suit No. 133 of 2001, whereby an application seeking impleadment of one Janakdulari Devi has been rejected, the petitioner who is defendant No. 2 in Title Suit No. 133 of 2001 has approached this Court.
(2.) Title Suit No. 133 of 2001 was instituted by Shreemati Droupadi Devi for the following reliefs : (a) On adjudication it be held and declared that the plaintiff has got indefeasible subsisting title to the suit lands, mentioned in the schedule below, and that the defendants have got no title to the same. (b) Possession of the plaintiff over the suit lands be confirmed and in the event of her being dispossessed from the suit lands during the pendency of this suit the plaintiff be resorted back to possession over it through the process of the Court. (c) A decree for permanent injunction be passed restraining the defendants their men and Agents from going upon the suit lands and interfering with the possession of the plaintiff in any manner. (d) An order of temporary injunction be issued restraining the defendants from going upon the suit lands during the pendency of the suit. (e) Decree for costs of the suit be passed in favour of the plaintiff against the defendants. (f) Any other relief or reliefs which the plaintiff may be deemed entitled to, in law and equity by the Court, may also be allowed to the plaintiff.
(3.) The defendants appeared in the suit and filed written statement. They have taken a specific stand that the suit is barred on account of non-joinder of parties such as, Savitri Devi, Janakdulari Devi, Subhash Devi, Maheshwari Devi and Kameshwari Prasad who are daughters of Santosh Narayan Lal. The plaintiff has pleaded that the suit schedule property long with other properties ad measuring about 6.12 acres belonged to Sri Santosh Narayan Lal. It was purchased jointly by daughters of Santosh Narayan Lal namely, Savitri Devi and Janakdulari Devi by registered sale-deed dated 14-1-1955. Subsequently, 6.12 acres land was partitioned between Savitri Devi and Janakdulari Devi in equal shares who came in possession over their respective shares. The suit schedule property, that is, entire 6.12 acres was sold by them to the plaintiff. The defendants have claimed joint interest in the properties acquired by late Santosh Narayan Lal and Mandodari Devi.;