Jalbir Singh vs Davender Singh & Others on 18 August, 2009

Civil Rev. 3914 OF 2008                            1


IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH


                                          Civil Rev. 3914 OF 2008
                                          Date of decision: 18.8.2009


Jalbir Singh
                                                         Petitioner
                          vs
Davender Singh & Others
                                                         Respondent


Present        Mr. Ravinder Hooda, Advocate


M.M.S.BEDI,J.

Vide order dated 28.5.2008 the learned Civil Judge (Jr.D.) ,

Rohtak has allowed the application filed by defendant No.11 for being

impleaded as plaintiff.

The relevant facts of the case are that plaintiff Jagbir Singh

and others had filed a suit for declaration and permanent injunction to the

effect that the mutation in favour of defendants 1 to 3 was illegal and not

binding on the rights of the parties. The suit was contested by defendants 1

to 3 only. When the case was at the stage of recording of defence

evidence, the matter was sent to Lok Adalat where the plaintiffs and the

contesting defendants compromised the matter. So far as defendant No.11

was concerned, he had admitted the claim of the plaintiff earlier and he

was only a proforma defendant. The application of defendant No.11 has

been allowed and he has been permitted to be transposed as plaintiff only

on the ground that if the defendants and the plaintiffs compromise the

matter, it will affect his rights, therefore, for complete adjudication of the

suit and for avoiding multiplicity of proceedings, the transposing of

defendant No.11 was allowed.

Civil Rev. 3914 OF 2008 2

I have heard learned counsel for the petitioner. No one has put

in appearance on behalf of the respondents despite service.

The trial court has ignored the fact that defendant No.11 was a

proforma defendant and that he had admitted the claim of the plaintiffs. By

permitting him to be transposed as plaintiff after the plaintiffs compromised

the matter with defendants 1 to 3, he will be permitted to resile out of the

admission made by him. The defendant, if aggrieved by any civil wrong

committed against him, he has an independent right to avail the legal

remedy, available to him but transposition in the present case, where he

has been permitted to withdraw his admission in a case, which was filed

long time back i.e. in the year 1997 does not seem to proper.

In view of the above, the revision petition is allowed and the

impugned order dated 28.5.2008 is hereby set aside.

August 18 ,2009                                       ( M.M.S.BEDI )
TSM                                                       JUDGE