IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4933 of 2010 (O&M) Date of decision: 29th August, 2011 Jaspal Singh Virk … Petitioner Versus Harpal Singh and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. G.S. Sandhu, Advocate for the petitioner. Mr. Balwinder Singh Sudan, Advocate for Dr. Puneet Kaur Sekhon, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed for setting aside the order (Annexure P-6) dated 31st March, 2010 passed by the Court of Civil Judge (Junior Division), Karnal, whereby application filed by the petitioner-plaintiff under Order 1 Rule 10 read with Section 151 CPC to implead the persons who had purchased the property from father of the defendants was dismissed. The Court below held that the petitioner-plaintiff-applicant had already filed a separate suit to declare the sale deed in favour of the parties sought to be impleaded, null and void; therefore, there is no need to implead them as party to the suit as they will step into the shoes of the seller. Counsel for the petitioner states that since the present suit was filed for possession by way of partition, the subsequent purchasers were necessary to be impleaded. Civil Revision No.4933 of 2010 (O&M) To counter this argument, counsel for the respondents has stated that a separate suit for setting aside the sale deed has been instituted by the petitioner, in which the persons sought to be impleaded are already a party. During the course of arguments, counsel for the parties are in agreement that in case the present Civil Suit No.545 of 2009 and the one in which sale deed has been challenged are tried simultaneously but separately by one Court, it will be just and appropriate in the facts and circumstances of this case. After hearing counsel for the parties, present revision petition is disposed of with a direction that in case the petitioner furnishes the number of civil suit, in which the sale deed has been challenged, to the District Judge, Karnal within one month from the date of receipt of a certified copy of this order, the District Judge, Karnal shall assign Civil Suit No.545 of 2009 in which impugned order (Annexure P-6) has been passed and the one in which sale deed has been challenged, the particulars whereof shall be furnished by the petitioner, to one and the same Court and that Court shall try both the suits simultaneously but separately. [KANWALJIT SINGH AHLUWALIA] JUDGE August 29, 2011 rps 2