IMPORTANT POINT
Compromise Decree--Not appealable--Once it proved that the decree is not appealable, the application or the appeal cannot be entertained.
Impleadment of party--Purchaser can be impleaded as a party in the pending appeal.

Vinod K.Sharma, J.

1. CM. No. 6523-C of 2009 This application under Section 151 of the Code of Civil Procedure has been moved on behalf of the applicant/appellant for placing on record the documents Annexures P-1 & P-2.

2. In absence of an application under Order 41 Rule 27 of CPC making out a case for leading additional evidence, there is no provision under law by which the documents can be placed on record in regular second appeal.

3. The application is dismissed being not competent. C.M.No.6524-C of 2009 This miscellaneous petition under Volume 5 Chapter I Part C Rule 2 of the Punjab and Haryana High Court Rules and Orders read with Order 22 Rule 10 and Order 1 Rule 10 of the Code of Civil Procedure, has been moved for impleading the applicant as appellant in the aforesaid appeal, and seeking grant of leave to file regular second appeal against the judgment and decree dated 2.4.2009 of the learned Addl. District Judge, Sangrur.

4. It is pleaded in the application, that the land in dispute was self acquired property of late Smt. Paramjit Kaur mother of respondents No. 1 to 3 and wife of respondent No. 4. The mutation of inheritance was sanctioned in favour of respondents No. 1 to 4 in equal shares being Class-I heirs. The legality of mutation was challenged by respondents No. 1 to 3 regarding land measuring 4 Bighas 1 Biswa sanctioned in favour of respondent No. 4 by filing a civil suit. The suit was dismissed on 16.2.2006. During the pendency of the aforesaid civil suit respondent No. 4 sold 4 bighas 1 biswa of land to one Norang Singh on 26.4.2004, who sold the land to appellant on 27.5.2004.

5. The applicant claimed, that he had no knowledge of pendency of civil suit. As already observed above, the suit was dismissed on 16.2.2006. An appeal was filed by respondents No. 1 to 3. The applicant-appellant on coming to know about the proceedings filed an application under Order 1 Rule 10 of the Code of Civil Procedure, for being impleading as respondent in the appeal then pending before the learned lower appellate Court. The said application was dismissed.

6. The appeal was allowed on 2.4.2009, on the basis of compromise arrived at between the parties. The applicant-appellant by claiming himself to be the assignee claimed, that he was entitled to be impleaded as respondent in the said appeal.

7. The applicant-appellant further claimed, that he was adversely affected by the judgment and decree dated 2.4.2009, and on the pleadings, referred to above, this application has been moved for permitting the applicant-appellant to be impleaded as a party and also for permission to file the regular second appeal.

8. In order to appreciate the rights of the applicant-appellant it would be necessary to see the judgment and decree being impugned in this appeal. The Addl. District Judge, Sangrur by way of impugned judgment and decree has decreed the suit on the basis of compromise dated 2.4.2009 effected between the parties.

9-10 The application moved by the applicant-appellant under Order 1 Rule 10 of the Code of Civil Procedure was dismissed by holding, that the applicant- appellant having purchased the land during the pendency of the appeal could not claim himself to be bona fide purchaser for consideration, as purchase by the applicant-appellant was hit by the principle of lis pendens. However, the learned lower appellate Court protected the rights of the applicant-appellant by permitting him to file an independent suit. In support of the application, reliance was placed on Volume 5 Chapter U Part C Rule 2 of the Punjab & Haryana High Court Rules and Orders, which reads as under :-

"2. Appeals by persons other than parties to the decree or order appealed from. - Whenever by a decree or order which is appealable to the High Court the interest, of- (a) a beneficiary in property which at the date of such decree or order was vested in or in the possession of a trustee, an executor, an administrator, or a receiver or manager appointed