Krishan Mohan Garg vs Prem Chand Gupta and Others

S.S. Grewal, J.—This revision petition is directed against the order of Addl. District Judge, Ambala dated 30th of January, 1992, whereby the application under Order 1 Rule 10 C.PC. moved on behalf of the present petitioner for impleading him as defendant in the suit u/s 92 of the C.P.C. has been declined.

Krishan Mohan Garg, petitioner, moved application under Order 1 Rule 10 of the Code of Civil Procedure, before the trial Court in a suit u/s 92 of the C.P.C. that he being a trustee is a necessary party and he may be impleaded as such in the present suit. His application was declined on the ground that he moved the application under Order 1 Rule 10 C.P.C. at a much belated stage and the resolution, whereby he was allegedly appointed as trustee was passed as far as back as 25th of May, 1988. The fact remains that the present petitioner never appeared either as a witness or as a party in the present suit and mere fact that co-trustees had been appearing and had knowledge of the pendency of the suit, to my mind would not constitute good or a valid ground for declining the application under Order 1 Rule 10 C.P.C. In the interest of justice, the impugned order dated 30th of January, 1992, passed by the trial Court is set aside and the trial Court is directed that the present petitioner shall be impleaded as a defendant in the suit u/s 92 of the C P.C. The parties through their counsel are directed to appear in the trial court on 18th of March 1992, and on that date, the plaintiff shall file the amended plaint and the present petitioner shall be permitted to file the written statement. The trial Court may, if necessary, after framing additional issues and dispose of this case expeditiously preferably within 6 months by giving short adjournments, according to law. For this purpose the evidence already recorded in this case shall be read as evidence and if necessary the parties may be permitted to lead evidence and the witnesses whose evidence has already been recorded may be recalled for further cross-examination by the newly added defendant. This petition is disposed of accordingly. Copy of this order be given dasti.