MOHD. SALIM & ORS. Vs. SMT. AYASHA BEE & ORS.

JUDGEMENT

(1.) BY this petition, the petitioners impugn the legality and validity of the order dated 25.04.2005 (Annexure -P/4) passed by the 7th Civil Judge, Class -II, Durg, in an application filed under Order 1 Rule 3 & 10 of the Code of Civil Procedure, 1908 (for short "the CPC") in pending civil suit No. 81 -A/2002 (Smt. Ayasha Bee & Another Vs. Dau -Bahdur Singh Gupta & Another), whereby the learned Civil Judge after holding that the petitioners are proper parties declined to array them as defendants.

(2.) THE indisputable facts, in nutshell, for adjudication of the case are that the petitioners are the legal heirs of Abdual Salam, they were defendants in the civil suit No. 58 -A/1976 (Dau Bahadur Singh Gupta Vs. Mohd. Abbas & Others) with regard to the same property i.e., the plaint schedule land in civil suit No. 81 -A/2002 also. Abdul Salam, predecessor of the petitioners herein, was the defendant No. 2. After the death of Abdul Salam, the present petitioners were impleaded as the defendants. The civil suit No. 58 -A/1976 was decreed on 25.03.1980 (Annexure -P/5). The petitioners continued to be in possession of plaint schedule land.

(3.) IN the present civil suit filed by the respondents No. 1 & 2 herein for declaration and mandatory injunction, the petitioners filed an application under Order 1 Rule 3 & 10 of the CPC (Annexure -P/2) to implead the petitioners being legal heirs of the deceased namely, Abdul Salam as defendant on the ground that they were the defendants in the earlier suit in respect of the same land. The petitioners are in possession of the plaint schedule land.