Suresh R. Kadakia v. Jyoti Prakash Bharat And 9 ORS. And Sardarilal M Gambhir (Applicant)

11-NMS373-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 373 OF 2015 IN SUIT NO. 3089 OF 2010 Suresh R Kadakia ...Plaintiff

Versus

Jyoti Prakash Barat & Ors ...Defendants And Sardarilal M. Gambhir ... Applicant None for the Plaintiff.

Ms Tanu Khattri, for the Applicant in CHS/373/15.

CORAM: G.S. PATEL, J DATED:

9th January 2018 PC:- 1.

The Applicant seeks to be impleaded as a party defendant. This is on the basis that the Applicant has acquired title under a registered conveyance dated 24th February 1965. 2.

The Applicant states that there is an Affidavit in Reply to the Chamber Summons. It seems that the Applicant's Advocate has been served with a reply but no reply has actually been filed in the Court.

9th January 2018

11-NMS373-15.DOC 3.

The opposition from the Plaintiff appears to be that the Applicant could not be obtained the conveyance without prior permission of the Collector since the land in question is allegedly tribal land. Whatever be the merits of that case, this is not a reason to deny the application for impleadment. These are issues that undoubtedly will be decided at the trial of the suit, one for specific performance.

4.

Accordingly, the Chamber Summons is made absolute in terms of prayer clause (a). Amendment to be carried out in the first instance by the Plaintiff within two weeks from today. If the Plaintiff does not do so, the Advocate for the Applicant, Sardarilal M Gambhir, will be entitled to carry out amendment. Reverification dispensed with. The Applicant will be joined as Defendant No. 11 to the Suit. If the Applicant is unable to obtain from the Advocates for the Plaintiff an amended plaint, the Advocate for the Applicant is at liberty to take an ordinary copy from the Court record. 5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 9th January 2018