C.R.No.3413 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.3413 of 2009. Decided on: September 18, 2009. Mahadev .. Petitioner VERSUS Suraj Parkash and others .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.A.K.Goel, Advocate, for the petitioner. M.M.S. BEDI, J. (ORAL) Vide impugned order dated 25.05.2009, an application filed by respondent No.4, Puneet Kumar, under Order 1 Rule 10 CPC, has been allowed and he has been ordered to be impleaded as respondent No.4, inter alia on the ground that the other defendants i.e., Suraj Parkash and others, were proceeded against ex parte on 26.04.2007. Seemingly, on account of having no interest in the property, the trial Court observed that if respondent No.4, is not impleaded as defendant then plaintiff will be having other defendants as ex pate and there would be no one to contest his . . . 1 C.R.No.3413 of 2009 claim. In the absence of proper evidence especially when Punjab Wakf Board, is not a party, grave injustice, will be caused and justice will not be imparted. The trial Court while passing the impugned order seems to have ignored the fact that respondentNo.1, who has been ordered to be impleaded as a defendant is none else but son of defendant No.1 and chances of his colluding with respondent No.1, also could not be ruled out. The trial Court can always dismiss the suit of the plaintiff in case he has not impleaded proper parties. Merely because the plaintiff has not impleaded Wakf Board as a party, the trial Court cannot allow the application under Order 1 Rule 10 CPC, filed by son of defendant No.1, especially when no relief has been claimed against him. In view of above circumstances, the impugned order dated 25.05.2009, is hereby set aside. It is made clear that in case it transpires from the pleadings and the materials produced by the plaintiff that some fraud is being played on the Court, it will be open to the trial Court to dismiss the suit on merits. Disposed of. (M.M.S.BEDI) JUDGE September 18, 2009. rka . . . 2