Punjab-Haryana High Court
Manjit Kaur vs Gian Singh And Ors on 27 September, 2022
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
120
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No. 5379 of 2018
Date of Decision: 27.09.2022
Manjit Kaur
... Petitioner(s)
Versus
Gian Singh and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Varun Sharma, Advocate
for the petitioner(s).
None for the respondent No.1.
Mr. Manish Kumar Garg, Mr. Ashish Pundir and
Mr. Vikas , Advocates, for the respondent No.2 and 3.
Anil Kshetarpal, J.
1. The prayer is to set aside interlocutory order dated 20.04.2018, passed by the trial Court during the pendency of the suit.
2. The petitioner's father has filed a suit for declaration that the sale deed dated 04.09.2012, executed by defendant No.2 in favour of defendant No.1, is a result of fraud and cheating and is null and void.
3. During the pendency of the suit, the petitioner (the plaintiff's daughter) has filed an application for her impleadment as a defendant to the suit, which has been dismissed. The trial Court has found that she is not the necessary party.
4. It has also come on record that a separate suit between the defendant No.1 and the petitioner is pending. The petitioner claims to be in 1 of 2 ::: Downloaded on - 30-09-2022 23:54:29 ::: Civil Revision No. 5379 of 2018 2 possession of property in pursuant to a transfer deed executed by her father. Once the plaintiff (the petitioner's father) has already filed a suit challenging the sale deed, the transfer in favour of the petitioner is not a subject matter for adjudication in the present case, hence, she cannot claim to be necessary party in the suit.
5. Keeping in view the aforesaid facts, no ground is made out to interfere. Hence, the present revision petition is dismissed.
(Anil Kshetarpal) Judge September 27, 2022 "DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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