JUDGMENT : P.S. Rana, J. Interim order under order 1 rule 10(2) Code of Civil procedure 1908. At this stage it is observed by Court that as per relief clause of plaint present civil suit is filed for recovery of Rs.4800000/- (Forty eight lacs) with interest @ 18% per annum w.e.f. 4.11.2006 on the ground that suit land measuring 52 bighas 12 biswa was sold in favour of vendee Smt. Monika Gupta wife of Sh Rajesh Gupta by way fictitious sale deed amounting to Rs.1200000/- (Twelve lacs only) whereas factually suit land was sold for more than Rs.6000000/- (Sixty lacs) in favour of Smt. Monika Gupta. There are direct allegations against Smt. Monika Gupta in present civil suit relating to fictitious sale deed Ext PW3/A placed on record. It is well settled law that in judicial proceedings no one should be condemned unheard on the concept of audi alteram partem. In view of direct allegations against Smt. Monika Gupta that she has executed sale deed Ext PW3/A in fictitious manner in consideration amount of Rs.1200000/- (Twelve lacs) Court is of the opinion that Smt. Monika Gupta is necessary party in present civil suit. 2. It is well settled law that court can implead necessary party in civil suit at any stage of proceedings if the presence of party is necessary for adjudication of civil suit. It is well settled law that theory of dominus litus would not be applied upon necessary party. See AIR 1995 Allahabad 7 title Committee of Management Ratan Muni Jain Inter College and another Vs. III Additional Civil Judge Agra and others. It is held that Smt. Monika Gupta ought to have been joined as co-defendant in present civil suit. It is held that presence of Smt. Monika Gupta as co-defendant is necessary in the present suit in order to adjudicate civil suit effectually and completely and to settle all questions involved in civil suit. Hence in view of above stated facts Smt. Monika Gupta wife of Sh Rajesh Gupta C/o Registrar/Chairman Bells Institute Mehli post office Kasumpti Shimla HP is ordered to be impleaded as co-defendant No.3 in present civil suit No. 72 of 2007 under order 1 rule 10(2) code of civil procedure 1908. 3. Hence in view of above stated facts Smt. Monika Gupta wife of Sh Rajesh Gupta C/o Registrar/Chairman Bells Institute Mehli post office Kasumpti Shimla HP is ordered to be impleaded as co-defendant No.3 in present civil suit No. 72 of 2007 under order 1 rule 10(2) code of civil procedure 1908. 3. It is also observed by court that Smt. Monika Gupta has alienated suit property on 23.10.2013 vide registered sale deed No. 447 of 2013 placed on record in favour of Smt. Preeti Arora daughter of Sh Sanjeev Kumar wife of Sh Jahnoo Arora resident of village Deonghat Tehsil and District Solan HP in consideration amount of Rs.25000000/- (Two crores fifty lacs). It is held that Smt. Preeti Arora is also necessary party in present suit in order to decide civil suit effectually and completely and to settle all questions involved in the suit. Decision of civil suit No. 72 of 2007 will have direct effect upon sale deed No. 447 of 2013 dated 23.10.2013 executed in favour of Smt. Preeti Arora qua suit land. Hence Smt. Preeti Arora is also ordered to be impleaded as co-defendant No.4 in present civil suit under order 1 rule 10(2) code of civil procedure 1908 being necessary party in civil suit. Plaint relating to memo of parties be amended forthwith thereafter copy of plaint along with amended memo of parties and annexure be served upon co-defendant No. 3 Smt. Monika Gupta and co-defendant No.4 Smt. Preeti Arora returnable within four weeks. Be listed thereafter.