Jangir Singh vs Gurdit Singh and Others

S.P. Goyal, J.—Respondent No. 1 filed a suit against one Jangir Singh, son of Saiyan Singh and 20 others for possession of 1/7th share of the land in dispute, alleging that its previous owner Jangir Singh, son of Saudagar Singh, having been not heard for the last ten years was presumably dead and that he and Respondents No. 3 to 8 were his lawful heirs The Petitioner claiming himself to be Jangir Singh, son of Saudagar Singh, moved an application under O I. R 10, Code of Civil Procedure, for being impleaded as a Defendant. The trial Court dismissed his application, observing that he had failed to prove that he was an interested party or had a prima facie title in the suit land. This is one of the most perverse judgments ever rendered by a Sub Judge. The Plaintiff himself had averred in the plaint that Jangir Singh, son of Saudagar Singh, was the owner of the property in dispute and had died. The applicant claims himself to be said Jangir Singh, son of Saudagar Singh. Although the Plaintiff claims him to be an imposter but that does not show that he was hot interested in the suit As a matter of fact, it is his estate which is in dispute and he is obviously a necessary party. If ultimately he is proved to be an imposter, his claim would be rejected but at this stage his prayer cannot be disallowed on this score. This petition is, consequently, allowed and the impugned order reversed.

The parties, through their counsel, have been directed to appear in the trial court on 9th November, 1987.