Order 1

Order Details: Chamber summons
Pdf Text: C/S No.482/2018 ..1.. Suit No.607/2018
CNR No.MHCC010034092018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.482 OF 2018
IN
SUIT NO.607 OF 2018
Smt. Manisha Rajesh Sawant .. Applicant
In the matter between
Next Infocom Pvt. Ltd.
Through its authorized signatory
Mr. Vijay Ramanand Mishra .. Plaintiff
Versus
Shri Dr. Ashok Narayan Sawant .. Defendant
Mr. A. S. Pandey, advocate for plaintiff
Ms. Nidhi G. Dotiya, advocate for applicant
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 02nd February, 2019
ORAL ORDER
Applicant has taken out present chamber summons making
prayer to implead her as party defendant in the present suit.
2. It is the contention of applicant that she is owner of suit
premises and presently residing in suit premises. Suit premises was
initially purchased by her husband by registered sale deed dated
02.12.2005 from defendant. Thereafter, same was gifted to her vide
Gift Deed dated 29.06.2016 by her husband. It is further contended
that on 22.06.2016 when applicant along with her motherinlaw went
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to clean suit premises one building watchman approached to them and
told that one person wants to talk to her. Thereafter, one Manoj who
was on phone started to abuse and threaten them and also disclosed
that defendant had borrowed huge amount from him, threatened to
throw them out of suit premises. Rival parties lodged report with
Chembur police station and offences came to be registered against both
parties. In this background, applicant has claimed interest in suit
premises and prayed for impleading her party defendant to present suit.
3. Advocate for plaintiff filed say on chamber summons itself. It is
contended that applicant is not necessary party and no document for
possession of applicant is filed and prayed for dismissal of chamber
summons.
4. Heard respective counsel for applicant and plaintiff. They
advanced their argument in accordance with respective contention.
5. It is settled law that necessary party is a person who ought to
have been joined as a party and in his absence no effective decree can
be passed at all by the court while proper party is a party who though
not a necessary party, is person whose presence can enable the court to
completely, effectively and finally adjudicate upon all matters in dispute
in the suit though he need not be a person in favour or against whom
decree is to be made.
6. Now, it is to be seen whether applicant needs to be impleaded as
party to the present suit.
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7. On perusal of plaint it is clear that plaintiff has sought relief of
permanent injunction against defendant in relation to suit premises i.e.
Flat No.2, First Floor, Dewan Niketan Premises CHS Ltd., Opp. Fire
Brigade Station, Chembur Naka, Sion Trombay Road, Mumbai71.
8. Plaintiff claimed that defendant entered into registered sale
agreement dated 27.04.2012 with them in respect of suit premises and
handed over peaceful possession of suit premises to them and plaintiff
appointed its authorized signatory as caretaker who has put his lock
over the suit premises and possession of suit premises is with the
plaintiff. On the other hand applicant has also claimed title and her
possession over suit premises. Thus, there are rival claims of Plaintiff
and applicant in relation to suit premises.
9. Keeping in view aforesaid facts, it is clear that applicant has also
claimed her interest in the suit property. Although no relief has been
sought by plaintiff against applicant in present suit but considering
above facts and that, applicant has made allegation of collusion
between plaintiff and defendant, I am of the view that presence of
applicant is necessary for complete, effectual and final decision of
question involved in present suit. I hold that in the facts of present
matter applicant is proper party and her presence is necessary for
effective and complete adjudication of the issues involved in the suit.
Therefore, chamber summons deserves to be allowed. Hence, pass
following order:
ORDER
1. Chamber Summons No.482 of 2018 is allowed and made
absolute in terms of prayer clause (b).
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2. Plaintiff is directed to implead applicant as party defendant to
the suit.
3. Plaintiff to carry out necessary amendment in plaint cause title
within the period of 14 days from the date of this order and
copy of amended plaint be served upon newly added defendant.
On service of summons upon applicant/newly added defendant,
she shall file her written statement within prescribed period.
4. Accordingly, Chamber Summons No.482 of 2018 stands
disposed off.
(M. T. Asim)
Judge
Date : 02.02.2019 Gr. Bombay
Transcribed on : 02.02.2019
HHJ signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.02.2019, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
02.02.2019
JUDGMENT/ORDER signed by P.O.
on
04.02.2019
JUDGMENT/ORDER uploaded on 04.02.2019
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