GORDHANBHA SHAMBHUBHAI PATEL Vs. RAMSANGBHAI BECHARBHAI

JUDGEMENT

(1.) CHALLENGE is made to the order of the learned Civil Jude, Viramgam, passed in Special Civil Suit No.409 of 2009 on 03.01.2010, whereby learned Judge rejected an application for joining subsequent purchaser as party defendants under Order-1 Rule-10 of the Civil Procedure Code as well as an application for amendment moved by the present petitioner-original plaintiff.

(2.) ON issuance of notice, respondent chose not to appear.

(3.) AS is noted from the record, suit of the plaintiff is based on registered agreement to sale in respect of the suit land bearing Survey No.301/2 and account No.562 admeasuring 2-02-34 H.R.A. (to be known as 'suit land' herein after). The registered agreement to sale was executed 29.06.2009 by the respondent No.1 in favour of the petitioner for total sale consideration of Rs.17,42,500.00. The agreement to sale was executed, on payment of Rs.5,00,000.00 and remaining amount of consideration was to be paid at the time of execution of sale deed.