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2009 Supreme(P&H) 1546

A.N.JINDAL
Joginder Singh – Appellant
Versus
Kashmir Singh – Respondent


Judgment

A.N.Jindal, J.

1. This revision petition is directed against the order dated 6th of January, 2009 passed by Civil Judge (Senior Division) Dasuya, District Hoshiarpur dismissing the application of the petitioner-Joginder Singh and proforma respondents Natha Singh and Baldev Singh under Order 1 Rule 10 read with Section 151 CPC for impleading them as defendants in the suit for possession of the land measuring 40 kanals by way of specific performance of an agreement and in the alternative suit for recovery of Rs. 1,70,000/-.

2. In the application under Order 1 Rule 10 CPC, it was averred that since the petitioner and proforma respondents (herein after referred as applicants) purchased the suit property from the defendants vide sale deed dated 10.05.2006. As such they are bona fide purchasers for valuable consideration without notice. The decision of the suit would directly affect their rights, therefore, they are necessary parties.

3. Reply to the application was filed, wherein it was pleaded that the alleged sale deed being executed during the pendency of the suit would suffer from principles of lis pendense, therefore, the applicants being the subsequent vendees, during the












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