C.R.No.4667 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.4667 of 2009 Date of Decision 10.11.2009 Reena ........ Petitioner Versus Sushma & others ........ Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA Present: Mr.Brijender Kaushik, Advocate, for the petitioner. HEMANT GUPTA, J. The challenge is the present petition to the order dated 11.5.2009, passed by the learned trial court whereby an application filed by the petitioner under Order 1 Rule 10 of Code of Civil Procedure, for impleading her as a party in the suit for partition was dismissed. Plaintiffs in the suit that is Sushma and Pinki are the daughters of Shri Barkat Ram Dua whereas the defendant is the son of Shri Barkat Ram Dua. The plaintiffs have filed suit for partition of a house situated in village Begampur. The petitioner is the wife of Ashok Kumar, defendant. She has sought the C.R.No.4667 of 2009 -2- impleadment in the suit for partition on the ground that she is in possession of the house in question and, therefore, her rights are effected adversely, in the event of a decree if any granted by the Civil Court. The plaintiff-petitioner also relies upon an injunction against her husband granted by the Civil Court on 27.8.2005, whereby her husband was restrained from alienating and mortgaging the suit property by creating any charge on the suit property. The petitioner is not the legal heir of Shri Barkat Ram Dua. She has no share in the property. She can be utmost in possession of the suit property as a licensee being the wife of Ashok Kumar that is the defendant. Therefore, the petitioner is a licensee has no right to seek impleadment in the suit. She has to seek and swim with the defendant alone. In view of the above, I do not find any patent illegality or irregularity in the order passed by the learned trial Court, which may warrant interference by the Court in the present revision petition. Dismissed. November 10, 2009 (HEMANT GUPTA) rishu JUDGE