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1988 Supreme(P&H) 397

J.S.SEKHON
Harbans Lal – Appellant
Versus
Central Bank Of India – Respondent


Judgment

1. This revision petition is directed under the provisions of Sec.115 of the Civil P.C. against the order dt. 29-1-1988 of the trial Court dismissing the application of the petitioners for allowing permission to be impleaded as parties to the suit.

2. Briefly stated, the facts are that Shri N.C. Kundu sole proprietor of the firm M/s Bharat Rice Mills defendant 1 took some loan from the plaintiff-Bank against a simple mortgage of the land measuring 10 Kanals along with the building/construction existing thereon. The machinery of the Rice Sheller was also hypothecated. Defendant 1 failed to repay the loan which resulted in the filing of the suit by the Bank for the recovery of Rs. 607860-15 Paise by sale of the mortgaged land and hypothecated property. During the pendency of this suit, Harbans Lal, Vipin Kumar and Sohan Lal present petitioners filed an application under the provisions of O.1 R.10 of the Civil P.C. for impleading them as party, contending that Shri N.C. Kundu, sole proprietor of the defendant-firm had agreed to transfer the right, title and interest in the above-referring concern to them after they had discharged the liability existing on the said concern in f










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