IN THE HIGH COURT OF JUDICATURE AT BILASPUR WRIT PETITION N0. 31 53 f2004 PETlTiONERS 1. Suresh Vanna, Sio Shivshankar Verma, aged 43 yearS, Dinesh Verma, 330 Shivshankar Verma, aged 40 years, Kzx 3. Anil Verma, Sin $hivshankar Vanna, aged 39 years, 4. Sunil Vanna, Slo Shivshankar Verma, aged 36 yearS, Susheel Vanna, Sfo Shivshankar Verma, aged 3i: years, l the above are Rio Juna, Bilaspur (C.G.) ‘VERSUS- : 1. ELM adhukar, S/o M angilal RESPONDENT M adhukar, Director, Jobs PLAINTEF Construction Pvt. Ltd., Baima Nigoi Chowk, Seepat Road, Bilaspur, Tahsil & District Bilaspur (C.G.) i (Q Shivshankar Verma, Sin Saklu, aged 68 years, Caste-Kashyap, 3. Sundarlal. S/o Kanhaiya Lal Kashyap, agmi about years, 4. Vinaykant, Sfo Sundarlal Kashyap, aged about 28 years, 3. Ramgopal, Slo Saklu Kashyap, aged about 52 years, “K 6. Smt. Asha Bai, W10 Raghunath Kashyap, aged about 82 yeam, Respondents 2 to 6 are Rfo Iuna, Opposite State Bank, Jwali Bridge, Bilaspur, Tahsil & District Bilaspur (C.G.) Ai Smt. Krishna Bai, WM Paramkhus Kashyap, aged about 47 years, R/o Juna, Jwali Bridge, Near Kaii Temple, Bilaspur, Tahsil & District Bilaspur (C.G.) 8. Smt. Shakun Bai, Wlo Jiyalal ‘ ’ J Kashyap, aged about 54 years, Rx'o Kududand, Near Water Tank, BilaSpur, TahSil '85 District Bilaspur (C.G.)' 9. State of Chhattisgarh thmugh Collector, Bilaspur (C.G.) WRIT UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A SUITABLE WRIT, ORDERS’OR DIRECTION. 23.09.2004 ’ Shri Rajgev Shrivastava, co The pEtitioners have prcfm 227 of the Constitution of lndia bong aggneved by the ordor dated 16 8 2004 (Aimexum P—S) Whettby the learned Disnict Judge, Bilaspur rqected the apphcatmn of tho petitioners med under Orderl Rule 10 read With Sect ou 151 of CPC in Civil Suit No. 14A] 2003 flied for specific perf nuance of the contract‘for sale. Brief facts leading to filing f this wn't petition are that the plamtiff/respondent No.1 herein filed a civil suit for specific performance of the contract fof s‘ e againet xespondent Noe ’3 to 8 herem on the ground that respond nt Nos 2 to 8 harem entered mto an agreement With respondent N l on 16 10 2000 for sale of a land, when respondent No.2-to 8 alled to execute the sale deed as agreed by them under the agreeme t for sale, respondent No.1 filed a civil suit for specinc performanc of contract for sale. During the ' ‘ 7 V pendency of that suit‘the petitio ers herein filed an application under Order 1 Rule 10‘ read w Section 151 of CPC claiming themselves to be coparceners of th property in dispute. In the said application it has been mentioned y the petitioners‘herein that the 4 suit property is ancestral prop rty and they are coparceners, therefore, they have interest in the property in question and they be added as defendants in the, proc eding.’ Learned District Judge, Bilaspur vide impugned 'order ected the application of the pennoners on the ground that nei er they are necessary party nor 3 thev have any interest n1 the httga ' n {-q‘ u H i j XI—HC-22 I haVe heard Mr. RajeAV Shrivwtava, cOunsel for the petitioners on the que$tion of adnussmn 111 this cgnna‘ction the prowslon of Order l R1116 10 of C P C anvisag€s that ‘lhe Court may atlmj stage of the pmceedmgs, eaher upori or wiihout the applieaiion 0f éiiher pariy. ané on such terms as may appear 10 the Court to bejusii order that ihe name of any person who oughi to have been joinded: ether as plamtrff or defendant or whose presence befare the court be necessary m order ta enable the Court effectually and compiet ly to adjudicate upon and settle a1! ‘ the questions inyolyed in the s it, be added”. ’I‘herefoie, in two circumstances the name of any y can be allowed to be added in a pending suit (1) that when th com reaches to the conclusion that the nama of that person 011 ht to havs bean gamed {2) Whase pressncs bcforc the court mav b necessaly m order to enable the Court effectually and completsly to adjudmate upon and sattle all > the questmns mvolved 1n the smt be added The smt 1n wh1ch tins ap hca’non was movecl was filed by respondent No‘ 1~hereiu againslt pandent No2 to 8 for speciflc performance of centraCt for sale. V Learned counsel for the pe 'tioners argued that the property in question was belonging to on Saklu,’who died on 18.5.1988 leaving behind his widow Ramd ali, three sons namely Kanhaiya, Shivshankar 85 Ramgopal and e daughters namely Aasha Bai , Shakun Bai er. Kn‘shna Bai. T ore, the petitioners hemin being the’grandsons of Saklu; sons of S‘hivshankar are the coparceners in Ki ‘ p h J s ' e he f )H-HC-22 the suit property and if .émy decxge is passed in respect of the suit land then their interest will be aEzcted. I have perused the impugimd order dated 16.8.200 (Annexure P-S). It has belen m€n tionsd in ths inipligncd order that in connectien with. the dispumd propérty soma civil litigation was £i1ed between respondent No.2 t3 8 and one another,‘which was registered as Civil Suit No.46—A/E 6 in the Court of First Civil Juglge Class-II, Bilaspur, that‘suit‘was decided on 02.09.1998. Thereafter, an appeal bearing No‘25-A/ 2000 was preferred before the 2nd Additional DiStrict Judge Bilaspui‘. During the pendency of mat appeal the partiee entered into '1 t ompiomise on 29 6 9000 wherebv the property m question came mto the share of respondent Nos 2 to 8 herein, The mam quesuon involved m this suit 1s regarding the ‘ specific performance of the con act for sale which was entered between respondent No 1 and re pondent No 2 to 8 Theiefom, m > order to demde that queetion of s emfm performance the preeence of the present petitioners 1s not ess ntial 1n order to enable the Court effectually and completely ad cate upon and settle all the quesu’ons involved in the suit, ir father isvalready defendant in the Suit, who was party to. ‘ agreement for sale, therefore, Whatever points petitionerswa aise that can be raised by their father. Now coming to second p int that the petitioners are th ‘r‘oparceners in the suit propert therefore thev have right in the propertv In the first instance th father of the present petitioners along With other brothers who b came owners of the property on ‘ \ We 3% 4 j i e e nt r e y K