Hari Parshad @ Hari Dutt (Deceased) Thru. His Lr Radhey Shyam v. Sarita Devi & Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No.987 of 2017 Date of Decision:19.12.2017 Hari Parshad @ Hari Dutt (deceased) through his LR ...Petitioner

Versus

Sarita Devi and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. R.N. Lohan, Advocate for the petitioner.

Mr. Gulshan Nandwani, Advocate for respondent No.1.

ANIL KSHETARPAL, J.(Oral) Defendant-petitioner is in the revision petition against the order dated 10.01.2017 permitting subsequent purchaser to be added as a party. It is not disputed before me that Sarita Devi-respondent No.1 has purchased a share in the property vide sale deed dated 30.01.2014. Respondent Nos.2 and 3 had filed a suit for separate possession by way of partition. Respondent No.1 has purchased the property from one of the plaintiff. Therefore, applicant is a necessary party in a suit for partition because she would be entitled to share in the property. However, she can be added as a party only under Order 22 Rule 10 CPC and not under Order 1 Rule 10 CPC.

Taking into consideration these undisputed facts, the revision is disposed of with direction that respondent No.1 shall be added as a co-plaintiff. She would be entitled to participate in the proceedings henceforth. 19.12.2017 (ANIL KSHETARPAL) sheetal JUDGE Whether Speaking/Reasoned:

Yes/No Whether Reportable :

Yes/No Sheetal Gawri 2017.12.22 12:24 I attest to the accuracy and integrity of this document