Rati Devi And Another vs Meena Devi And Others
2024 Latest Caselaw 8704 P&H

Punjab-Haryana High Court

Rati Devi And Another vs Meena Devi And Others on 24 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                    2024:PHHC:055963
                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                        122                                         CR No.1815 of 2024
                                                                    Date of Decision : 24.04.2024

                        Rati Devi and Another                                           ....Petitioners

                                                          VERSUS

                        Meena Devi and Others                                         ....Respondents



                        CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                        Present :   Mr. Ravi Malik, Advocate for the petitioners.
                                    Mr. Sanjeev Kumar, Advocate for respondent Nos.2 to 5.

                        ALKA SARIN, J. (Oral)

1. The present revision has been filed under Article 227 of the

Constitution of India challenging the impugned order dated 02.03.2024

whereby the application filed by the petitioners for being impleaded as a

party has been dismissed.

2. On 21.03.2024 the following order was passed :

"Learned counsel for the petitioners would

contend that the property has been purchased by the

petitioners during the pendency of the civil litigation. He,

however, contends that though the principles of lis

pendens would be applicable, however, since the

defendants No.1 to 4 have been proceeded against ex

parte and are not defending the case and it would

adversely affect the rights of the petitioners, hence they

ought to have been impleaded as party.

integrity of this order/judgment

CR No.1815 of 2024 -2- 2024:PHHC:055963

Notice of motion returnable 24.04.2024.

Dasti only. Liberty to serve the respondents

through the counsel representing them before the Court

concerned.

To be shown in the urgent list."

3. Mr. Sanjeev Kumar, Advocate has put in appearance on behalf

of respondent Nos.2 to 5 and has filed his power of attorney, which is taken

on record.

4. Learned counsel for respondent Nos.2 to 5 states that he would

have no objection if the present petition is allowed.

5. In view of the stand taken by learned counsel for respondent

Nos.2 to 5 as well as keeping in view the fact that defendant Nos.1 and 4

have been proceeded against ex parte and are not defending the case, the

petitioners ought to be permitted to defend the case.

6. In view of the above, the present revision petition is allowed.

The impugned order dated 02.03.2024 is accordingly set aside. The

application filed by the petitioners for being impleaded as a party is allowed

and the petitioners are permitted to join the proceedings from this stage only.

7. Disposed off. Pending applications, if any, also stand disposed

off.

( ALKA SARIN ) 24.04.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment