HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. : 586 of 2009 Decided on: 17.5.2011 Baldev Chand and another ……… Petitioners. Versus Prem Chand and others ………Respondents. Coram: The Hon’ble Mr.Justice V.K. Ahuja, Judge. Whether approved for reporting? No. For the petitioners: Mr.Ashwani K. Sharma, Advocate. V.K. Ahuja, J.(Oral): The present petition has been filed by the petitioners, who are the plaintiffs before the learned trial Court, against the order passed by the learned trial Court on an application under Order 1 Rule 10 read with Order 6 Rule 17 and Section 151 of the Code of Civil Procedure filed by the petitioners for impleading one Roshan Lal as a party. 2. I have heard the learned counsel for the petitioners. 3. The assertions made by the petitioner/plaintiffs are that Roshan Lal is a subsequent purchaser having purchased part of the suit property from the defendants during the pendency of the suit. It is submitted that no effective decree can be passed in favour of the plaintiffs, once the person who is a subsequent purchaser is not impleaded as a party in case he interferes in the suit land on the basis of the alleged sale in his favour. No prejudice is being caused to the defendants who themselves have sold the suit land during the pendency of the suit and as such the application filed by the petitioners under Order 1 Rule 10 read with Order 6 Rule 17 and Section 151 of the Code of Civil Procedure deserves to be allowed so that the plaintiffs could be entitled to the appropriate relief in case the decree is passed in their favour. - 2 - 4. The impugned order is accordingly set aside and the application filed by the petitioner/plaintiffs before the learned trial Court shall be deemed to have been allowed. Steps shall be taken for the amendment of the plaint by the plaintiffs accordingly. A copy of this judgment alongwith the records of the case be sent to the learned trial Court. Plaintiffs to appear before the learned trial Court on 1.6.2011. Notice shall be issued to the defendants since they are not represented by any counsel here and thereafter the learned trial Court shall proceed with the case in accordance with law. 5. The petition stands disposed of accordingly, so also the pending application(s), if any. Dasti copy. May 17, 2011. (V.K. Ahuja), (tilak) Judge