SWARAN LATA Vs. AMIT MODI

JUDGEMENT

(1.) This is an application filed by the applicant under Order 1 Rule 10 of the Code of Civil Procedure praying for impleading him in place of the plaintiff or as one of the co-plaintiffs in the present suit.

(2.) This application has been filed by the plaintiff seeking for his addition as a party in the suit on the ground that in an earlier suit filed by the plaintiff against him being Suit No. 752/1996 in the Court of Shri Satnam Singh, Additional District Judge, Delhi, a compromise had been arrived at between the parties out of Court in terms of which the suit was disposed of in terms of the compromise on 26.3.1997. In the present application it is stated that Shri Aqeel Ahmed made payment to the plaintiff in terms of the agreement dated 28.6.1994 executed by the plaintiff and in pursuance of which the plaintiff also executed a receipt, Will and agreement for sale etc., in his favour. It is also mentioned that it was agreed between the parties that Shri Aqeel Ahmed would get himself impleaded as party in place of the plaintiff. The order passed in the said suit including the copies of the joint statement of the parties have been filed by the applicant in the present suit.

(3.) The present suit has been instituted by the plaintiff seeking for a decree for possession in respect of the suit property bearing No.184, Saini Enclave, Vikas Marg, Delhi - 110 092 by evicting defendants No.1 and 2 and their associates from the suit property and also for cancellation of the documents executed by defendant No.3 in favour of defendant No.5, subsequently by defendant No.5 in favour of defendant No.6 and thereafter by defendant No.6 in favour of defendants No.1 and 2.