1996 (8) TMI 569

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....already given by the civil Court in another decree dated March 29, 1974. He filed an application under Order 39, Rule 11 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 ....

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....herefore, the High Court was right in bringing them on record under Order 1, Rule 10 CPC. The placed reliance on the judgment of this Court in Ramesh H. Kundanmal v. Municipal Corporation of Greater Bombay [(1992) 2 SCC 524]. The ratio in either of the cases has no application to the facts in this case. Therefore, it is not necessary to refer to them in extenso. Having regard to the respective contentions, the question that arises for consideration is: whether the respondents are necessary or proper parties to the suit? It cannot be disputed that the foundation for the exclusive right, title and interest in the property, the subject matter of the suit, is founded upon the registered Will executed by Hira Devi, the mother of the appellant a....

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....roper parties to the suit in which the primary relief was found on the basis of the registered Will executed by the appellant's mother, Smt. Hira Devi. Moreover, admittedly the respondents claimed right, title and interest pursuant to the registered sale deeds said to have been executed by the defendants-heirs of Rajender Kaur on December 2, 1991 3nd December 12, 1991, pending suit. Section 52 of the Transfer of Property Act envisages that "during the pendency in any Court having authority within the limits of India of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the sui....