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SCA/12861/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12861 of 2010
With
SPECIAL
CIVIL APPLICATION No. 12862 of 2010
=========================================================
AMIT
MANUBHAI DESAI - Petitioner(s)
Versus
RASIKBHAI
GORDHANBHAI RAIYANI & 1 - Respondent(s)
=========================================================
Appearance :
MR
PARTHIV B SHAH for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 2.
MR SP
MAJMUDAR for Respondent(s) : 1.2.1,1.2.2
MR JAYRAJ CHAUHAN for
Respondent(s) : 2.2.1, 2.2.2, 2.2.3,2.2.4
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 11/02/2011
ORAL
ORDER
These
petitions challenge the order dated 21/06/2010 passed by the learned
13th Additional Senior Civil Judge, Vadodara on
application below Exh.21 in Special Civil Suit No.533 of 2009 whereby
the trial Court has allowed the said application filed by respondent
No.2 for being impleaded as party defendant No.2 in the suit.
2. The
short facts of the case are that respondent No.1 filed Special Civil
Suit No.533 of 2009 in the Court of learned Civil Judge, (SD),
Vadodara for specific performance of contract dated 05/10/2005
executed between the petitioner and respondent No.1 in respect of the
suit land, as described in the plaint. Alongwith the suit,
application Exh.5 for interim injunction was filed. In the meantime,
respondent No.2/1 to 2/4 filed the impugned application below Exh.21
for impleading them as defendant in the suit. The said application
was opposed but the Court below without appreciating the facts and
circumstances of the case, allowed the said application which has
given rise to the present petition.
3. Learned
Advocate for the petitioner has mainly contended that the Court below
has not considered the reply filed by the petitioner and the
authorities cited by petitioner and the order of allowing the
respondent No.2/1 to 2/4 to be joined as party defendant in the suit
it will change the entire nature of the suit. He, therefore,
submitted that the order of the Court below may be quashed and set
aside.
4. Having
heard the learned Advocate for the petitioner and having perused the
order impugned in the petition, this Court is in complete agreement
with the findings recorded and conclusion arrived at by the Court
below. This Court is of the opinion that petitioner is the defendant
in the suit and it is for the original plaintiff to challenge such an
order as to whether such party is permitted to be joined as party
defendant or not. The petitioner in the capacity of defendant cannot
challenge such an order. I am of the opinion that allowing the
respondent Nos.2/1 to 2/4 as party defendants in the suit, would not
prejudice the rights of the petitioner as a defendant in the suit.
The petition is devoid of merits and requires to be dismissed.
Accordingly, the petition is dismissed. Notice is discharged with no
order as to costs .
(K
S JHAVERI, J.)
sompura
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