ORDER

Leave granted.

2. We have heard learned counsel on both sides.

The admitted facts are that the appellant filed suit Case No. 253-1 before the Sub-Judge, Ferozepur for declaration that he is the owner of the property on the basis of a registered Will dated May 26, 1952 executed by his mother Smt. Hira Devi and that a declaration to that effect was already given by the civil Court in another decree dated March 29, 1974. He filed an application under Order 39, Rule 1, CPC for ad interim injunction to restrain the defendants from interfering with his possession and enjoyment of the plaint schedule property situated in village Dabbla Kalan Tehsil Fazilka. The interim injunction was granted on June 14, 1991 which subsequently came to be vacated on December 2, 1991. It would appear that the defendants alienated the self-same lands by registered sale deeds dated December 2, 1991 and December 12, 1991 in favour of the respondents before this Court. On the basis thereof, they sought to come on record as defendants under Order 1, Rule 10, CPC. The trial Court dismissed the application holding that they were neither necessary nor proper parties to the suit. On revision, the High Court in