LAWS(SC)-2008-2-193

JAGDEV Vs. AGRICULTURAL PRODUCE MKT COMMITTEE

Decided On February 22, 2008
JAGDEV Appellant
V/S
AGRICULTURAL PRODUCE MKT COMMITTEE Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) TWENTY four persons, including the respondent Nos. 2 and 3, namely, basant Lal and Satish Kumar, filed a suit on 6. 4. 1993 for perpetual injunction before the Subordinate Judge in Tis Hazari Court at Delhi. The respondent No. 1 i. e. the Agricultural Produce Market Committee (hereinafter referred to as an `apmc') raised an objection regarding the maintainability of the suit. Having regard to the provisions of Sec. 41 (h) of the Specific Relief Act upholding the objection, the trial court dismissed the suit on 25. 7. 1998 holding that the suit was not maintainable. The appellants herein, along with the respondent No. 2, preferred an appeal before the Additional District Judge and the same was also rejected on the ground of maintainability.

(3.) WHEN the matter went back to the trial court, an application was made by the respondent Nos. 2 and 3 under Order 6 Rule 17 of the Code of Civil procedure for amendment of the plaint, since they had not been made parties, either as plaintiffs or as defendants, in the amended plaint. The said application was dismissed on the ground of maintainability since it was found that the said respondents had no locus standi to maintain the application. Thereafter, the said respondents filed an application under order 1 Rule 10 of the Code of Civil Procedure for being added as plaintiffs in the suit.