IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR NO.3763 OF 2009 DECIDED ON : 13.08.2009 Madan Gopal ...Petitioner versus Nihal Singh etc. ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Harsh Kinra, Advocate for the petitioner. Mr.S.P.Chahar, Advocate for respondent No.1. **** AJAY TEWARI, J. (ORAL) This petition has been filed against the order dated 06.06.2009 of the Trial Court declining the application of the petitioner under Order 1 Rule 10 CPC to implead him as defendant No.3. It may be noticed that with regard to property in dispute both the petitioner and respondents have been contenders and have earlier gone through one round of litigation which came upto this Court. Learned counsel for the respondent has vehemently argued that as far as the petitioner is concerned his claim for allotment of the property on the basis of being in possession has been finally held against him and thus as far as respondent is concerned he is a complete stranger to this entire dispute. However, learned counsel for the petitioner has argued that even if his right for allotment on reserve price has not been found by this Court yet his residual right to purchase the property in RSA No.3763 of 2009 -2- auction still survives. Learned counsel for the respondent has argued that this averment can be made by anybody but it would not be in the interest of justice for any such person to be impleaded as party. In my opinion, though the argument of the learned counsel for the respondent cannot be lightly put aside yet in view of the fact that litigation over this property has continued for more than one and a half decade it would be in the interest if the petitioner is also impleaded as defendant if for no other purpose than for the purpose of opposing the claim of the respondent for allotment on reserve price. In these circumstances, this revision petition is allowed and order dated 06.06.2009 is set aside and petitioner is directed to be impleaded as defendant No.3. In view of this order, learned counsel for the respondent has stated that he will file amended memo of parties by 20.08.2009. Learned counsel for the petitioner/defendant No.3 states that the petitioner will file his written statement on said date so that there shall be no further delay. Since the main case has been decided, all the pending civil miscellaneous applications, if any stand disposed of. Copy of this order be given to learned counsel under the signatures of the Court Secretary. August 13, 2009 (AJAY TEWARI) sonia JUDGE