IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 04.08.2010 C.R.No.7195 of 2009 Yog Raj Sharma & others ...Petitioners Versus Ram Dia & others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. P.S.Rana, Advocate, for the petitioner. Mr. Sanjiv Gupta, Advocate, for respondent Nos.1 to 7. HEMANT GUPTA, J. (Oral) Challenge in the present revision petition is to the order passed by the learned trial Court on 30.10.2009, whereby an application filed by the petitioners for impleadment in a suit for injunction, filed by the plaintiffs against the Gram Panchayat, was dismissed. Learned trial Court found that the plaintiffs being dominus litus cannot be compelled to implead the applicants as a party to the suit and once the Gram Panchayat is defending the same, the applicants are neither just nor proper parties in the suit. The petitioners assert that the land in dispute is a panchayat land and as the proprietors of the village, they have interest in the suit land to safeguard the interest of the proprietors. The petitioners have sought impleadment in the suit so as to defend the rights of the proprietors in the suit property. Though the plaintiffs are dominus litus, but the petitioners are also cannot be said to be strangers to the controversy. In the event, the plaintiffs are able to succeed in obtaining a decree against the Gram C.R.No.7195 of 2009 Panchayat, the interest of other proprietors is likely to suffer. Therefore, the petitioners are necessary parties in a suit for injunction. The question, whether the petitioners are proprietors or not, as alleged by the learned counsel for the petitioners, is required to be examined by the Civil Court after granting opportunity of leading evidence to the parties. But, prima facie, the petitioners have a right to implead in the suit for injunction. In view of the above, the present revision petition is allowed. The order passed by the learned trial Court is set aside. The petitioners are ordered to be impleaded as defendant Nos.2 to 6. 04.08.2010 (HEMANT GUPTA) Vimal JUDGE 2