IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 286 of 2010. Decided on: 13th August, 2010. Tule Ram. ….. Petitioner. Versus Mani Devi and ors. ……Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice For the petitioner : Mr. G.R. Palsra, Advocate. For the Respondents : Nemo. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) Petitioner is aggrieved by the order passed by the Civil Judge (Junior Division), Chachiot at Gohar dated 11th May, 2010, whereby an application under Order 1 Rule 10 CPC has been allowed permitting the 5th respondent to be arrayed as the defendant. The suit is for declaration and injunction. It is the case of the applicant Lata Devi that she is the bona fide purchaser of the property by sale deed dated 22.11.2005. It is also stated in her application that she had been delivered possession and mutation had also been effected. On the other side, among other contentions, it is submitted that Smt. Lata Devi (5th respondent herein) has not come up with clean hands, it is only an attempt to delay the proceedings and that there is collusion between the original defendants and Smt. Lata Devi. 2 2. Having heard the learned counsel for the petitioner extensively, I am of the view that it is only in the better interest of the petitioner/plaintiff to have the 5th respondent also before the Civil Court so that in the event of the suit being decreed, the same can be executed expeditiously and effectively. Apprehension of the petitioner regarding the delay can be allayed by issuing an appropriate direction to the Civil Court to dispose of the suit expeditiously. Thus, no prejudice is caused to the petitioner by the impleadment. On the contrary, for the effective adjudication, the impleadment is necessary also. Therefore, without expressing any opinion as to the merits of the contentions taken by the parties, this CMPMO is disposed of directing the Civil Judge (Junior Division), Chachiot at Gohar to dispose of the Civil Suit No.73 of 2003 (28/09 – renumbered after remand) expeditiously at any rate within a period of three months from the date of production of a copy of this order by the petitioner. The parties shall cooperate with the disposal, as above. 3. With these observations, the petition is disposed of, so also the pending application(s). Dasti copy. 13th August, 2010. (Justice Kurian Joseph), (tr) Chief Justice 3