Date: 27-04-2018
Business: As Court is busy in dictating orders in N/M and Chamber Summons, board discharged.
Adjd to 12.7.2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-07-2018
Date: 12-07-2018
Business: Adv.Mr.K.Shukla for Plff present
Adv.Mr.Upadhyay for Applicant present.
Adv.for applicant tendered Ch/s No.572/2018 t.o.r.
N/m No.3019/2017 is already disposed on 03.10.2017. It be removed from Board.
On oral request of adv.for Plaintiff adjd.for Ch/s reply on 17.10.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 17-10-2018
Date: 17-10-2018
Business: Adv.Mr.Shukla for Plff.present.
Adv.Mr.Upadhyay for Applicant present.
On oral request of adv.for deft adjd.for Ch/s reply on 03.01.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 03-01-2019
Date: 03-01-2019
Business: Adv. Upadhyay for applicant present.
None present for Plaintiff.
None present for defendant.
Reply not filed by plaintiff to Chamber summons No.572/2018 hence adjourned for hearing.
Adjd. to 17.01.2019 for CS hearing
Next Purpose: C/S HEARING
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv. Upadhyay for applicant present.
Deft and Adv absent.
Heard Adv for applicant on Ch/S.
Adj for Ch/s order to 21.01.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Order below Ch/s No.572/2018.
Perused Chamber Summons. Reply is not filed by Plaintiff.
Chamber Summons is taken out by the applicant to direct Plaintiff to implead him as Defendant no.3 in present suit. Applicant has claimed that he is assignee and in peaceful possession of property i.e. land admeasuring 3600sq.ft with structure standing thereon admeasuring 900 sq.ft area comprising survey no.1, Hissa No.8, corresponding CTS No.8 in view of registered deed of assignment dtd.05.03.2014. It is contended that in respect of said property Defendant no.1 has executed indenture of lease dtd.20.07.2004 registered on 27.07.2004 in favour of K.Ashok Rai and granted lease hold rights into said property for 99 years. It is also contended that said Ashok Rai has assigned aforesaid property to applicant and Plaintiff is not in possession of said property which is shown as suit property in the plaint. Accordingly, he prayed to implead him as party Defendant no.3.
I have gone through documents filed alongwith Chamber Summons by the applicant. Prima facie from the documents filed, it is apparent that applicant has interest in the suit property and he has acquired some rights in suit property. I am of the view that presence of applicant would enable the Court to completely, effectively and adequately adjudicate upon all matters in dispute in the suit. Therefore, Chamber Summons deserves to be allowed. Hence order-
ORDER
1. Chamber Summons No.572 of 2018 is allowed and made absolute in terms of prayer clause (a).
2. Plaintiff is directed to implead present applicant as party defendant in present suit and carry out amendment in plaint in that respect within a period of 14 days from today and copy of amended plaint be served upon defendant.
Accordingly, Chamber Summons No.572/18 is disposed off.
Adj for compliance to 25.02.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 21-01-2019
