MUKESH SONDHI Vs. HEMANT J. SONDHI

JUDGEMENT

(1.) BY way of this order I propose to decide application being I.A. No. 1178/2010 under Order 1 Rule 10 CPC filed by the defendant No. 3 for deletion of his name from the array of parties in the suit filed for recovery by the plaintiffs against the defendants.

(2.) IT is stated in the application that the plaintiff Nos. 1, 2 and 3 are brothers/sisters of the defendant No. 1. The defendant no. 2 is wife of the defendant No. 1. The defendant No. 3 is the father of the defendant No. 2. It is further stated that the suit for recovery has been filed by the plaintiffs against the defendants on the pretext that during the lifetime of the mother of the plaintiffs and the defendant Nos. 1 and 2, sold her self -acquired property bearing No. 219, Sector -28, Faridabad, measuring 166.66 sq. ft. (hereinafter referred to as "the suit property").

(3.) REPLY to application on behalf of the defendant No. 3 was filed by the plaintiffs wherein it was stated that the defendant No. 3 is a proper and necessary party to the suit as he has received an amount of Rs. 16,00,000/ - which was to be divided equally among plaintiff and defendant No. 1 and the youngest brother and without which no proper adjudication was possible. It is further stated that the amount of Rs. 27,20,000/ - is being prayed for in the plaint as the defendants are jointly and severally liable to pay the amount to the plaintiffs as the property valued was even more than Rs. 27,20,000 therefore, the amount is recoverable. It is argued by Mr. Ishaan Chawla, learned counsel that defendant No. 3 had a pivotal role in sale transaction as the amount received after the sale is either presently with defendant No. 3 or in his knowledge in whose possession it is. It is argued by Mr. Chawla that cause of action arises with respect to the amount from the sale of the self acquired property of the deceased mother and the amount is to be shared by the plaintiff and defendant Nos. 1 and 2 only. The defendant No. 3 has nothing to do with the property or to play any role in this regard. He is also not claiming any right or share in the property.