9911796707
TMI Blog2015 (2) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... leaded in litigation would be resulting in truncated resolution of dispute which would lack wholesomeness. It would also not be effective, competent and appropriate adjudication. Where a third party clearly has right, title and interest in the property in dispute, impleadment of such party in the suit, rather, becomes necessary to avoid multiplicity of litigation and for competent, complete and effective adjudication of the litigation among the parties. Looking from another angle, applicant-respondent-defendant claims ownership in the suit property even earlier to filing of the suit by the plaintiff, petitioner herein, who is real sister of the respondent-vendor- defendant who was in litigation with State Bank of Patiala before the Debts Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending adjudication. It is urged that the property in dispute was mortgaged by the owner defendant in favour of a Bank against loan taken by him where the defendant became a defaulter and his property was sold by the Debts Recovery Tribunal in the public auction. It was purchased by the applicant. It is claimed that the sale was effected on 30.5.2012 and agreement to sell by the vendor-defendant has been forged, fabricated and antidated to 9.11.2009 in collusion with the plaintiff. 4. Hearing has been provided to the counsel for the parties. 5. During the course of arguments, it has not been disputed that the plaintiff is real sister of respondent-defendant Shamsher Singh. Agreement to sell is unregistered. Suit for specific performance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in dispute, impleadment of such party in the suit, rather, becomes necessary to avoid multiplicity of litigation and for competent, complete and effective adjudication of the litigation among the parties. Reference in this regard may be made to Satish Kumar Versus Gurdir Singh Ghuman 2001(1) RCR (Civil) 453 (P H) and Harnam Singh Versus Smt. Gurbachan Kaur and another 1991 Civil Court Cases 820 (P H). 7. Looking from another angle, applicant-respondent-defendant claims ownership in the suit property even earlier to filing of the suit by the plaintiff, petitioner herein, who is real sister of the respondent-vendor- defendant who was in litigation with State Bank of Patiala before the Debts Recovery Tribunal and this property having been so ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
