Shree Chandrashekhar, J. - (1.) The petitioner, claiming himself grand-son of Devi Prasad Khowala, is aggrieved of order dated 23.02.2018 passed in Title Suit No.107 of 1998 by which his application under Order-I Rule 10(2) CPC seeking his impleadment in the suit has been rejected.
(2.) Briefly stated, Title Suit No. 107 of 1998, in which the petitioner seeks his impleadment, was instituted by Bhagwati Prasad Khowala for a decree for declaration that sale-deed no.2336 dated 17.08.1998 executed by the defendant nos.1, 2 and 3 in favour of the defendant nos.4 and 5 is illegal, void ab initio, unlawful, inoperative, fraudulent and thus not binding on the plaintiff. Another relief sought by the plaintiff is for permanent injunction against the defendants second party restraining them from alienating or encumbering the suit property and to maintain status quo in respect of the suit property during pendency of the suit.
(3.) The plaintiff-Bhagwati Prasad Khowala is son of Devi Prasad Khowala and the petitioner is grandson of Devi Prasad Khowala. His father namely, Mahabir Prasad Khowala had four sons; the petitioner's two brothers namely, Dinesh and Manoj are dead now. Defendant no.1 is wife, defendant no. 2 is son and defendant no.3 is daughter of Ram Nath Khowala. After the death of Ram Nath Khowala who was one of the sons of Devi Prasad Khowala, his legal heirs have staked a claim in the suit property. The defendant no.4 is wife of Dinesh and the defendant no.5 is wife of Manoj. Defendant nos.6 to 8 have been labelled as proforma defendants.;