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1984 Supreme(P&H) 116

SURINDER SINGH
Surjit Kaur – Appellant
Versus
Chand Singh – Respondent


Judgment

SURINDER SINGH, J.

1. Surjit Kaur so petitioners filed a suit against Chand Singah respondent for declaration regarding their claim of ownership of half share of the land in dispute and for declaration that they are in possession of same. The claim of the petitioners was admitted by Chand Singh defendant-respondent. However, during the pendency of the suit. Daulat Singh respondent No. 2 filed an application under Order 1. Rule 10 of the Code of Civil Procedure (for short, the Code) claiming that he had been in continuous possession of the suit land as an owner after the same had been gifted by the defendant-respondent No. 1 to him in June. 1954. Daulat Singh further asserted that he had been adopted as a son by the defendant and he had treated him as such. With these allegations Daulat Singh prayed that he may be impleaded as a defendant in the suit for a proper adjudication in respect of the title to the property. The application was resisted by the plaintiff-petitioners. The trial Court held that the presence of Daulat Singh applicant was necessary for a proper decision of the case. It. therefore. allowed the application filed by Daulat Singh and directed that he be imple




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