Judgment:
CR No.4318 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CR No.4318 of 2014 Date of Decision: 07.07.2014 ***** Ankush Goyal and another .
.Petitioners Versus Gopal Krishan Tayal .
.
Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Aman Dhir, Advocate, for the petitioneRs.***** RAKESH KUMAR JAIN, J.
(ORAL) The present revision petition is directed against the orders passed by the Court below by which applications filed under Order 9 Rule 13 of the Code of Civil Procedure [for short ‘the CPC’].and Order 1 Rule 10 of the CPC have been dismissed.
In brief, an application was filed by Gopal Krishan Tayal for appointing him as guardian of the person and property of his younger brother Gurpreet Singh, who is stated to be mentally retarded.
The application was filed against general public and once due publication was made and nobody had contested the application filed by Gopal Krishan Tayal, the trial Court allowed the application vide its order dated 10.5.2012 with the condition that property of Gurpreet Pahwa Vivek 2014.07.09 15:25 I attest to the accuracy and integrity of this document CR No.4318 of 2014 -2- Singh shall be sold or alienated with the prior permission of the Court only and Gopal Krishan Tayal was appointed as guardian of the disabled person being in blood relation.
After the decree was passed, application under Order 1 Rule 10 of the CPC has been filed by the petitioners to become party and for setting aside the ex parte order passed in application filed under Order 9 Rule 13 of the CPC.
Their stand is that though they are not related to Gopal Krishan Tayal and Gurpreet in any way yet they have an interest in this case because they have purchased one plot from Darshana Devi widow of Amar Singh on 3.12.2009.
It is claimed that both Gopal Krishan Tayal and Gurpreet Singh are sons of Amar Nath from the womb of Kanta Devi.
Learned counsel for the petitioners has submitted that on the basis of sale deed in their favour, the petitioners had already filed suit for permanent injunction in order to restrain Darshana Devi as well as Gopal Krishan Tayal from interfering in their possession.
It is submitted that if the impugned order is allowed to be maintained then the interest of the petitioners would be seriously prejudiced because in the impugned order both Gopal Krishan Tayal and Gurpreet Singh are held to be the sons of Darshana Devi.
I have heard learned counsel for the petitioners and after examining the record, am of the considered opinion that there is no merit in the present revision petition and it deserves to be dismissed because petitioners are claiming Pahwa Vivek 2014.07.09 15:25 I attest to the accuracy and integrity of this document CR No.4318 of 2014 -3- their right over a plot which they alleged to have purchased from Darshana Devi on 3.12.2009.
They have simply filed a suit for permanent injunction in order to restrain Darshana Devi and Gopal Krishan Tayal from interfering in their possession as owner.
The finding which has been given in the application filed by Gopal Krishan Tayal for appointing him as a guardian of his younger brother Gurpreet Singh, who is mentally retarded, is not going to effect the suit because the defendants therein would not be in position to challenge their title over the property in dispute because on the basis of sale deed they are already in possession and have filed suit for permanent injunction.
In the absence of any suit filed for declaration, the petitioners herein, who are not related in any manner with Gurpreet Singh, cannot be allowed to become the party and also cannot seek setting aside the ex parte order because it is their own saying that even Kanta Devi, alleged wife of Amar Singh, is still alive, who is the only person to come forward to challenge the claim set up by Gopal Krishan Tayal to be declared as guardian.
In view of the aforesaid reason, I do not find any merit in the present revision petition and hence, the same is hereby dismissed.
(RAKESH KUMAR JAIN) 07.07.2014 JUDGE Vivek Pahwa Vivek 2014.07.09 15:25 I attest to the accuracy and integrity of this document