146 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-7582-2023 Date of Decision: July 02, 2026 Sham Lal …Pe00oner Versus Joginder Pal and another …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Dheeraj Mahajan, Advocate for the peoner. Mr. Geeteshwar Saini, Advocate for respondent No.2. DEEPAK GUPTA , J.(Oral) On 20.11.2024, following order was passed by this Court:- “By way of this peon, peoner assails the order dated 20.10.2023 (Annexure P-7) passed by learned Civil Judge (Sr. Divn.), Pathankot, whereby applicaon under Order 1 Rule 10 CPC moved by the peoner to implead him as a party in Civil Suit No.84 of 2022, tled as “Joginder Pal v. Surinder Pal and others”, was dismissed. Learned counsel for the peoner contends that plainff – Surinder Pal filed a suit for paron of the suit property against his brother Joginder Pal in 2023. Prior to filing of the suit, both the brothers (pares to the suit) had already executed agreement to sell dated 27.12.2019 in favour of the peoner for consideraon of `20,50,000/- and both of them had received the enre sale consideraon. The appellant had even filed a suit for specific performance prior to the filing of the suit for paron and in that suit for specific performance, one of the brothers had admi>ed the execuon of agreement, though the other brother had denied the execuon thereof. Learned counsel contends that in these circumstance, the peoner is the necessary party to the suit for paron filed by one brother against the defendant as both of them are colluding. Noce of moon for 27.03.2025. In the meanme, further proceedings before the trial Court shall remain stayed.” SARITA RANI 2026.07.02 17:01 I attest to the accuracy of this document/order CR-7582-2023 - 2 - 2026:PHHC:089310 2. Later on, respondent No.1 -Joginder Pal, who is plainff of the suit pending before the trial Court, was proceeded ex parte on 03.07.2025, as nobody put in appearance on his behalf, despite service. 3. Learned counsel for respondent No.2, who is defendant of the suit, submits that he has no objecon in case, peoner is impleaded as a party to the suit. 4. Having noced the contenon of learned counsel for the peoner in order dated 20.11.2024 as above, it is apparent that the peoner is at least a proper party to be impleaded as such in order to decide the dispute completely and effecvely. Therefore, the impugned order dated 20.10.2023 (Annexure P-7) as passed by the trial Court is hereby set aside. The trial Court is directed to implead the peoner therein as defendant No.2 and then proceed further in accordance with law. Disposed of. July 02, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.07.02 17:01 I attest to the accuracy of this document/order