ANANT Vs. MADHUKAR

JUDGEMENT

(1.) This petition by the plaintiff in OS No.29/2013 on the file of learned II Addl. Senior Civil Judge, Belagavi, is directed against the impugned orders passed on IA Nos.4 and 6 dtd. 16/11/2016, whereby IA No.4 filed under Order VI Rule 17 of CPC and IA No.6 filed under Order I Rule 10(2) of CPC were rejected by the trial Court.

(2.) Heard the learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the petitioner/plaintiff instituted the aforesaid suit against the respondents/defendants for specific performance and other reliefs in relation to the suit schedule properties. It is an undisputed fact that in the aforesaid suit instituted on 17/1/2013, the petitioner/plaintiff sought to enforce an alleged agreement to sell dtd. 22/1/2010. The said suit is being contested by respondent No.1/defendant. During the pendency of the suit and prior to commencement of trial, the petitioner/plaintiff filed two applications viz., IA No.4 under Order VI Rule 17 of CPC seeking permission to amend the plaint pleadings and IA No.6 under Order I Rule 10(2) of CPC seeking impleadment of respondent No.2/additional defendant No.2. In the affidavit accompanying the application, it was specifically contended by the petitioner/plaintiff that subsequent to execution of the alleged agreement to sell dtd. 22/1/2010 in his favour, defendant executed Consent Affidavit dtd. 3/1/2012 in favour of respondent No.2 in relation to the suit schedule properties. It was also contended that in view of subsequent transaction between defendant No.1 and proposed defendant No.2, plaint necessarily has to be amended, since the said transaction was prior to the institution of the suit and same would have an impact/bearing upon the rights of the petitioner/plaintiff. It was also contended that apart from necessary pleadings to be incorporated in the plaint by way of amendment as sought for in IA No.4, aforesaid additional defendant No.2 in whose favour defendant No.1 executed aforesaid Consent Affidavit is to be impleaded as a proper and necessary party to the suit.