Tikam Singh and Others vs Thakur Kishore Ramanji Maharaj, through Sheo Gopal and Others

John Edge, C.J. and Burkitt, J.—A suit for saleunder the Transfer of Property Act was brought against Tikam Singh and others. A decree for sale was made. Subsequently Tikam, who had not been served with notice of the suit, presented an application u/s 108 of the CPC to have the decree set aside as against him, and it was accordingly set aside. Thereupon the plaintiffs applied to have Tikam''s minor brother and his two minor sons brought on u/s 32 of the CPC as defendants, they being all members of a joint Hindu family and parties interested within the meaning of Section 85 of the Transfer of Property Act. The Court made an order bringing the minors on the record. From that order this appeal has been brought. It appears to us that, as the suit was still at hearing before the Court of First Instance, so far as the plaintiffs and Tikam Singh were concerned, the Court could exercise its discretion u/s 32 of the Code and add these defendants. We cannot say that the Court exercised its discretion wrongly. Such a case as this can but seldom occur, but in similar cases a Court should be cautious in making an order u/s 32 of the Code of Civil Procedure. Here the parties brought on were all in the same interest. Other cases might occur in which the interests might be conflicting. We dismiss this appeal with costs.