HARISH CHANDER DEWAN Vs. MAHESH CHANDER DEWAN

JUDGEMENT

(1.) Vasumati Agencies Pvt. Ltd, defendant No. 5 filed this application under Order 6 Rule 17 read with Section 151 Civil Procedure Code seeking to add in the written statement additional pleas as under which is being contested by the plaintiff: -

(2.) In support of the amendments sought it was contended by Sh. Masud Mirza that it is open to defendant No. 5 to challenge the title of the plaintiff to suit property. On the other hand, submission advanced by Sh. Harish Malhotra for plaintiff was that defendant No. 2 was the Chartered Accountant of defendant No. 5 which is a Shell company and had knowledge of the suit property having fallen to the share of plaintiff; it is defendant No. 2 who is in physical occupation of suit property; rent of suit property at the time it was let out by Lila Ram Dewan to defendant No. 5 was much more than Rs. 1500.00 per month and in terms of proposed amendments the defendant No. 5 seeks to challenge the award dated 16/12/1988 which was made rule of court by the order dated 11/08/1989 and it being a stranger, cannot challenge the said award and order in these proceedings. In support of the fact that defendant No. 2 was the chartered accountant of defendant No. 5 company, he invited my attention to the photostat copy of statement annexed with the Articles of Association of defendant No. 5 company filed alongwith the list of documents dated 13/03/1996 wherein name of defendant No. 2 as chartered accountant is shown under the column of name,. address and description of witness(s).

(3.) To appreciate the said submissions advanced on behalf of defendant No. 5 and plaintiff it is necessary to refer, in brief, to the averments made in plaint. It is alleged therein that plaintiff and defendants 1 to 4 are the sons of late Lila Ram Dewan.