Tinku Bala v. Dinesh Kumar And ORS.

CR No.6336 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No.6336 of 2016 (O&M) Decided on: 23.09.2016 Tinku Bala ....Petitioner

Versus

Dinesh Kumar and others ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. L.M. Gulati, Advocate for the petitioner.

REKHA MITTAL, J. (Oral) The present petition has been directed against order dated 02.07.2016 passed by the Civil Judge (Jr. Division), Amritsar whereby application of the petitioner filed under Order 6 Rule 17 and Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure (in short 'CPC') has been dismissed.

The petitioner/plaintiff has filed a suit for declaration in regard to plot No.28, detailed in headnote of the plaint staking her claim of ownership and further challenge has been laid against two sale deeds executed by defendant No.3 in favour of defendants No.1 and 2 on the basis of alleged fabricated power of attorney dated 03.06.2011 being illegal, null and void. She has further sought relief of possession and permanent injunction.

The instant application was filed by the petitioner in order to implead one Rajwinder Singh as a co-plaintiff. It is difficult to appreciate that a plaintiff in a suit can ask for joining somebody else as a co-plaintiff. Even otherwise, it is difficult to comprehend that if Rajwinder Singh has not come forward to file a suit, how can he be Mohd. Yakub 2016.10.06 10:45 I attest to the accuracy and authenticity of this document Chandigarh

CR No.6336 of 2016 (O&M) compelled to litigate against the defendants. In this view of the matter, I do not find any error much less illegality in the impugned order as would call for intervention.

For the foregoing reasons, the petition fails and is accordingly dismissed.

23.09.2016 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Mohd. Yakub 2016.10.06 10:45 I attest to the accuracy and authenticity of this document Chandigarh