High Court of Punjab and HaryanaCR/2603/2026dismissed

Kulwant Singh v. Balkar Singh And Others

2026-04-08Mr. Justice Yashvir Singh Rathor5 pages

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This revision petition is directed against the order dated 02.03.2026 (Annexure P-6) passed by learned Civil Judge (Sr. Divn.), SAS Nagar, Mohali vide which an application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 moved by the petitioner for impleading him as a defendant in the counterclaim filed in Civil Suit No.999 of 2019 titled 'Balkar Singh and another Vs. Lakhwinder Singh', has been dismissed.

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Feeling aggrieved, the petition in hand has been preferred. The material on file has been perused and parties have been heard. 7 38' # / 9# *+*7:;< :9 < ,-=

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In the said suit, petitioner moved an application for impleading him as a defendant in the counterclaim submitting that he has

& a direct, legal and substantial interest in the suit property because the applicant has also filed one Civil Suit No.1347 of 2013 titled 'Kulwant Singh Vs. Gulzar Kaur' and others seeking declaration to the effect that the applicant is owner of one half share of the land comprised in the suit property involved in the suit filed by him. He has also challenged the legality and validity of mutation Nos.2448 and 2724 got sanctioned by the said Gulzar Kaur in her favour on the basis of Will dated 19.11.1979 alleged to have been executed by Tara Singh in her favour. The claim of the applicant is also about the same property as raised by the parties in the suit. The said suit filed by the petitioner was dismissed vide judgment and decree dated 18.12.

2015 but an appeal is pending in the Court of Additional District Judge, SAS Nagar, Mohali, in which plaintiff No.1 and defendant are also parties being LRs of deceased Darshan Singh. It is further submitted that the applicant was a necessary party whose right and interest are likely to be squarely prejudiced and affected by the decree that may be passed in the present suit, as the suit property in the present case is also the subject matter of the suit/appeal instituted by him. Without impleading the applicant, any decision rendered by this Court will lead to multiplicity of litigation.

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Resultantly, the petition in hand is ordered to be dismissed. 11.

Pending misc. application (s), if any, shall also stand disposed of.

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