LAWS(SC)-2008-10-61

BABULAL KHANDELWAL Vs. BALKRISHAN D SANGHVI

Decided On October 16, 2008
BABULAL KHANDELWAL Appellant
V/S
BALKRISHAN D.SANGHVI Respondents

JUDGEMENT

(1.) Leave granted.

(2.) On 14th February, 2005, the Respondent No.l, Balkishan D. Sanghvi, filed suit No. 457 of 2005 in the Bombay High Court for administration of the Estate of his deceased parents Dwarkadas Sanghvi and Vimlaben Sanghvi, who were also the parents of the Respondents No.l, 2, 3 and 6. While the Respondents .Nos. 1, 2 and 6 are the sons of the deceased, the Respondent No.3 is their daughter and the. Respondents Nos. 4 and 5 are her husband and son respectively.

(3.) During the pendency of the suit, the Respondent No.l/Plaintiff filed Chamber Summons No.l270 of 2005 for impleading the Appellants herein as parties to the suit and to challenge the alienation of two properties, one to Prolific Consultancy Services (Mumbai) Pvt. Ltd. and the other to the Appellants herein. By judgment and order dated 13th February, 2006, the learned Single Judge of the Bombay High Court allowed the Chamber Summons and permitted the plaint to be amended as a result whereof the. appellants herein stood impleaded as defendants Nos.7 to 12 in the suit on the ground that they were necessary parties to the suit, despite their objection that the Respondent No.8 is a company in which the Appellants were only shareholders and that they were in no way related to any of the parties to the suit.