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Smt. Jagrani And Another v. Smt. Rajni Devi And Others - WRIT - C No. 50447 of 2003 [2007] RD-AH 6469 (9 April 2007)


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Court No.23

Civil Misc. Writ Petition No.50447 of 2003

Smt. Jagrani and another Vs. Smt. Rajni Devi and others

Hon'ble S.U, Khan, J.

Heard learned counsel for the parties.

Rajni Devi-Respondent No.1 filed O.S. No.977 of 1996 against Ram Swaroop and Kishori Lal, Respondents No.2 & 3. Petitioners of this writ petition, Smt. Jagrani and Smt. Prema Devi are real sisters of Ram Swaroop and Kishori Lal. In the suit, it was alleged by the plaintiff that Smt. Sundariya, mother of the defendants had executed an agreement for sale on 20.06.1987 in favour of the plaintiffs in respect  of her house. Relief claimed in the suit was for specific performance. Suit was decreed on 24.07.1999 by Civil Judge (Senior Division), Kanpur Nagar. Against the judgment and decree, the defendants filed Civil Appeal No.211 of 1999. The said appeal is pending before IInd Additional District Judge, Kanpur Nagar. In the Said Appeal, petitioner filed application for impleadment, which was rejected on 10.10.2003, hence this writ petition.

The Appellate Court observed that the purpose of impleadment application was to delay the proceedings. Copy of the impleadment application is Annexure-5 to the writ petition. The prayer in the impleadment application was to the effect that appellant might be directed to implead the applicants in the appeal and appeal should be decided after hearing the applicants, so that justice could be done. The finding of the Court below that the purpose was to delay the proceedings is quite understandable. However, for the perusal of prayer in the impleadment application, it is quite clear that the applicants did not pray for adducing any evidence. In my opinion, there was absolutely no harm, if applicants had been permitted to argue the appeal, after all they are also daughters of Smt. Sundariya.

However, it is clarified that petitioners shall not be permitted to file any application for adducing additional evidence in the appeal and further they shall not be permitted to argue before the Appellate Court that the judgment and decree passed by the Trial Court is bad in law, as they were not impleaded. They shall also be not permitted to argue that the matter should be remanded for permitting them to adduce evidence. However, they are at full liberty to argue the appeal on the basis of material already on record before the Trial Court.

Accordingly, writ petition is allowed. Impugned order is set aside. impleadment application is allowed.

However, it is further clarified that firstly, there were in the impleadment application itself prayer is confined to a right of argument in appeal and secondly, it is also the direction of this Court that apart from arguing the appeal on the basis of material already on record before the Trial Court, petitioners shall not be permitted to raise any other argument.

The appeal shall be decided very expeditiously. In no case beyond six months from the date on which certified copy of this order is filed before the Appellate Court.




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