(1.) Present petition under Article 227 of the Constitution of India has been filed by petitioner against order dated 17th August, 2010 passed by Administrative Civil Judge, Karkardooma Courts, Delhi, vide which application under Order 1 Rule 10 of Code of Civil Procedure (for short as ,,Code) filed by applicant-Smt. Madhu Chawla was allowed and petitioner was directed to amend the plaint accordingly.
(2.) Brief facts of this case are that, petitioner has filed a suit for injunction against respondent No.1 (his son) alleging that he (petitioner) has purchased property No. IX/5810, Subhash Mohalla, Gandhi Nagar, Delhi -110031 in two parts. Half of the property was purchased by petitioner from one Ravinder Singh and remaining half of the property was purchased by him in the name of respondent No.1. Now, respondent No.1, is threatening to dispossess the petitioner from property in question without adopting the due process of law.
(3.) In the written statement filed by respondent No.1, he took a preliminary objection that the suit is bad for non-joinder of necessary parties as respondent No.1 has already transferred the ownership/title of the property in question vide Gift Deed to his wife Smt. Nancy Mehndiratta. Now, his wife being the sole owner of property in question has sold the said property to Smt. Madhu Chawla and as such Smt. Nancy Mehndiratta and Smt. Madhu Chawla are necessary parties to the suit.