GOLESH KUMAR Vs. GANESH DASS CHAWLA CHARITABLE

JUDGEMENT

(1.) THIS regular first appeal is directed against the judgment and decree dated 31st March, 01 vide which the suit of the plaintiff for recovery of rs. 2,37,696/- being suit No. 48/96 was dismissed on the ground of non joinder of parties. During the pendency of this appeal, the appellants also filed an application being CM No. 1106/01 under Order 1 Rule 10 r/w Section 151 of the Code of Civil Procedure. In this application the prayer is that the cause title of the appeal be permitted to be amended and the members of the respondent/trust be permitted to be impleaded as party/respondents and/or in alternative the judgment and decree be set aside and suit remanded for fresh trial.

(2.) THIS application has been filed primarily to overcome the defect of non-joinder of necessary parties in the suit so that suit of the plaintiff be not dismissed and upon amendment may be decreed in accordance with law. The applicants have filed the present application to correct the said defect.

(3.) THIS application as well as the appeal is contested by the respondents on merits as well as on maintainability. According to them, the suit of the plaintiff was bad for non-joinder of necessary parties and that issue has been correctly decided by the Trial Court and if the application of the appellant for impleadment is allowed, it will amount to serious prejudice to the rights of the respondents. The claim of the plaintiff against the defendants/respondents, now sought to be impleaded, has already become barred by time.