GYANENDER PRASAD TEWARI Vs. OM PRAKASH

JUDGEMENT

(1.) VIDE impugned order dated 19.7.06 applications filed by the petitioner Gyanendra Prasad Tiwari and respondent No.2 Subhash Kumar Tiwari under Order I Rule 10 of the Code of Civil Procedure seeking impleadment of the petitioner as a defendant has been dismissed.

(2.) RELEVANT facts to be noted for the purpose of adjudication of the matter in issue within the confines of Order I Rule 10 CPC are that the respondent no.2 (hereinafter referred to as the plaintiff) filed a suit for specific performance of an agreement to sell dated 18.6.90 with possession of plot bearing Municipal No.325, Deepali, Pitam Pura, Delhi (hereinafter referred to as the suit property) against the respondent no.2 (hereinafter referred to as the defendant).

(3.) IN the written statement filed by the defendant it was pleaded that the documents namely agreement to sell dated 18.6.90, will dated 13.2.80 and relinquishment deed dated 28.5.90 which formed the basis of the plaintiff's suit are forged and fabricated. That the defendant was not the sole and exclusive owner of the suit property. That the defendant and the petitioner were joint owners of the suit property. Relevant portions of the written statement of the defendant read as under: