Order 1

Order Details: Other
Pdf Text: 21.01.2019
SU 889/17 @
Ch/s 572/18
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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