RAJINDER KUMAR GUPTA Vs. SANJEEV JAIN

JUDGEMENT

(1.) SH .Rajinder Kumar Gupta and Sh.Lalit Mohan Gupta, petitioners herein, have challenged the order dated 3rd December, 2012 passed by the Addl. District Judge, Rohini Courts, Delhi whereby the petitioners ' application under Order 1 Rule 10 read with Section 151 CPC for their impleadement as defendants in the suit was dismissed.

(2.) THE brief facts are that Sh.Sanjeev Jain (respondent No.1 herein) filed a suit against the three defendants, i.e. respondents No.2 to 4 herein, namely, Smt.Ramesh Rani, Sh.Honey Jain and M/s Jagat Agro Commodities Pvt. Ltd. (respondents No.2 & 3 are the mother and real brother of respondent No.1/plaintiff) for declaring him as the co -owner to the extent of 1/3rd share in the suit property. The said suit was filed in March, 2009.

(3.) THE respondent No.4, i.e. M/s Jagat Agro Commodities Pvt. Ltd. was proceeded ex parte by order dated 29th July, 2009. The respondent No.1/ plaintiff filed the replication dated 13th October, 2009 to the written statement filed by respondents No.2 & 3 and also prayed that he wanted to file an application for impleading the last vendee/transferee as a necessary party. In November, 2009, the application was filed by the respondent No.1 under Order XI Rules 12 & 14 CPC for production of documents upon oath by respondents No.2 & 3. Thereafter, in April, 2010, he moved another application under Order VI Rule 17, Order 1 Rule 10 and Order XXII Rule 10 read with Section 151 CPC for impleading the transferee pendentelite, i.e. respondents No.8 & 9 and others, i.e. respondents No.5 to 9 herein as defendants.