The High Court dismissed the petition assailing the trial court's order allowing impleadment of a necessary party in a specific performance suit and clarified that the limitation plea is open before the trial court.
Petition dismissed in limine; limitation plea allowed for trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR No. 7308 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No. 7308 of 2011 (O&M)
Date of Decision: 29.11.2011
Karam Singh
...Petitioner
Vs.
Hardev Singh
...Respondent
BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Baljinder Singh Sra, Advocate, for the petitioner.
A.N.Jindal, J.
This petition assails the order dated 5.09.2011 passed by the trial court allowing the application filed by the plaintiff/respondent under Order 1 Rule 10 of the Code of Civil Procedure for impleading Smt. Bachan Kaur as party defendant.
Santokh Singh had entered into an agreement with the plaintiff Hardev Singh on 17.02.2004 and he died in October,2005. The sale deed was to be executed on or before December 15, 2005. Now Hardev Singh has filed suit for specific performance against the heirs of Santokh Singh except Smt. Bachan Kaur, who is mother of Santokh Singh. Since Bachan Kaur had inherited the share left by
CR No. 7308 of 2011
2
Santokh Singh, therefore, she being the mother and successor of deceased Santokh Singh was also bound by the agreement, if proved, therefore, she was certainly a necessary party.
No grounds to interfere.
Dismissed in limine.
However, plea with regard to limitation would be open to
the petitioner before the trial court.
(A.N.Jindal) 29.11.2011 Judge rp
2 issues framed by the court
Whether the High Court can interfere with the trial court's order allowing impleadment of a necessary party under Order 1 Rule 10 CPC.
Whether the plea regarding limitation is maintainable at this stage of the appeal.
1 provisions across 1 enactments
Karam Singh
Hardev Singh
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
