NARINDER SINGH Vs. DEVINDER KAUR

JUDGEMENT

(1.) THIS application has been made by the applicant Rajinder Kumar lamba under Order 22 Rule 10 read with Section 151 of Civil Procedure code for substituting the name of applicant Rajinder Lamba in place of plaintiff Narinder Kumar.

(2.) BRIEF facts relevant for the purpose of deciding this application are that the plaintiff filed a suit for partition claiming 2/7th share in the property no. 72, Ring Road, Lajpat Nagar, New Delhi. Before filing the suit, he had entered into an agreement to sell with the applicant and had agreed to sell his undivided 2/7th share in the property to the applicant. The applicant filed a suit for specific performance against the present plaintiff and in that suit being CS (OS) No. 2100 of 1996, a decree for specific performance has been passed in favour of applicant and the applicant was directed to deposit the entire sale consideration in this Court. Same has been done. The applicant submits that a preliminary decree in the present suit was passed way back on 3rd March 2005 defining shares of the respective parties. However, after passing of the preliminary decree, for the last three years, no effective steps have been taken by the parties for partition of the property by metes and bounds or by other alternative mode in order to harass the applicant and to see that with the passage of time, applicant loses interest or gets tired.

(3.) IT is submitted by the applicant that in view of the fact that a decree for specific performance for the share of the plaintiff has already been passed by this Court and the entire consideration has been deposited by him in the court, the plaintiff's interest of 2/7th shares in the property has practically devolved upon the applicant and the applicant should be impleaded in place of plaintiff under Order 22 Rule 10 CPC.