9911796707
TMI Blog2015 (2) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... J. A suit for specific performance of contract dated 9.11.2009 filed by plaintiff Smt. Parminder Kaur, petitioner herein, against defendant Shamsher Singh, respondent herein, is pending adjudication before Additional Civil Judge (Senior Division), Moga. During the pendency of said suit, application under Order I Rule 10(2) read with Section 151 CPC for impleadment of Harwinder Pal Singh was file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matters which are res ipsa loquitur cannot be side-tracked as has been tried to be done by the petitioner-plaintiff and whereas respondent-defendant no.1 has not even appeared despite service and is continuing ex-parte in terms of Order dated 14.1.2014 of this Court. 6. Facts of the case in hand are peculiar. Freshly impleaded defendant-applicant (respondent No.2 herein) has claimed to be own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 sist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effectively dealt with only if Harwinderpal Singh is impleaded as party." 9. The impugned order is not only well-written but is elaborate wherein discussion of facts as also attending circumstances with law applicable has effectively been made. 10. Keeping in view the facts and circumstances discussed above, affirming the impugned order dated 25.7.2013 (Annexure P-5) of the lower court, this rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
