GOPAL MOHAN VADHERA Vs. JAGDISH RAI VADHERA

JUDGEMENT

(1.) This appeal by the plaintiff-appellant is directed against the order dated 20th September, 1995 of a Single Judge whereby in IA No. 15125/1991 under Order 1, Rule 10, Civil Procedure Code Subash Mohan Vadhera, respondent No. 2 was allowed to be impleaded as a defendant in the suit.

(2.) -Suit for partition was filed by the plaintiff agains this father Jagdish Rai Vadhera, defendant-respondent No. I, inter alia, alleging that the freehold plot of land measuring 413.3 sq. yards with a house built thereon bearing No. B-l 6 (New 16/16) at Alipur Road, Civil Lines, Delhi, was purchased jointly by the plaintiff and defendant for a total consideration of Rs. l,60,000.00 under a registered sale deed dated 13 Z.10.1971 from Rajinder Parshad & others. Half of the amount of the sale consideration was paid by the plaintiff and of this own resources/earnings. Parties to the suit are staying in the said house. Although both the parties have separate kitchen yet due to tempermental differences between them, it is not possible to stay in the house jointly and it is in the fitness of things if the house is partitioned in equal shares. .Plaintiff requested the defendant on several occasions to effect the partition of the house in equal shares amicably but he has been unable to do so on one pretext or the other.

(3.) In the written statement, it is, inter alia, pleaded that the plaintiff's share in the house in question was purchased with the joint funds of Hindu undivided family known as M /s.Jagdish Rai Vadhera &Sons. This HUF comprises of the plaintiff, Smt. Ram Piari, Gajendra Mohan Vadhera and Subash Mohan Vadhera and the suit had for non-joinder of the other members of the HUF. It is denied that half amount of the sale consideration was paid by the plaintiff out of his own resources/earnings as alleged. It is claimed tt the suit for partition is not maininable.