Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ON Ch/S 171/18
Heard Adv. Gandhi for pltff and Adv. Shrivastava for D-3 on Ch/S 171/18. The
present Chamber Summons is taken out by the plaintiff for adding
respondent/proposed defendant as defendant no.3 and for amendment in the
plaint.
The fact as alleged by the plaintiff in the Chamber Summons, that the newly
added D-1a to 1c-LR's of original deceased D-1 in their written statement dated
23.11.2017 had mentioned that original D-1 had entered into an agreement of
assignment dated 23.02.1999 with D-3 (i.e. respondent), whereby, the original D-
1 has agreed to assign and/or transfer to defendant no.3 (i.e. respondent), his
undivided 48% share, right and title in respect of the suit property for valuable
consideration in pursuance thereto, original defendant no.1 has also executed
irrevocable Power of Attorney in favour of D-3 is not disputed by the D-3. Therefore,
pending the present suit, there is subsequent development, thereby, right title and
interest in respect of the suit property for consideration is being created in favour
of D-3. As such, defendant no.3 is the necessary party to the suit. So also, the
consequential amendment in respect of subsequent event is also required to
allowed to be amended. As such, I proceed to pass following girder
ORDER
Chamber Summons No. 171/18 is allowed with no order as to costs, thereby,
plaintif is directed to carry out amendment in the plaint as per schedule annexed to
the Chamber Summons and to carry out consequential amendments within 14
days from the date o this order.
Plaintiff is further directed to file fresh typed copy of amended plaint positively
on or before next date with copy to other side.
Adv. for D-3 waives the service of WOS, on receipt of the amended plaint.
The effect of amendment will be subject to the payment of the additional Court
Fee to be paid by the plaintiff in respect of the amended prayers.
Adjd for compliance by plaintiff on 27.03.18.
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