ASIT PRABHUDAS PATEL FOR SELF AS WELL AS MANAGER Vs. AMIT PRABHUDAS PATEL FOR SELF AS WELL AS MANAGER

JUDGEMENT

(1.) By way of this petition, petitioner - original defendant No. 2, invoking jurisdiction under Article 227 of the Constitution of India, seeks to challenge an order dtd. 9/1/2012 passed below Exhibit-16 in Regular Civil Suit No. 258/2011 (Old Suit being Regular Civil Suit No. 69 of 2010), whereby an application made to permit him to produce additional written statement as subsequent pleadings to the plaint as also the injunction application, came to be rejected. From the papers annexed with the petition, it appears that respondent No. 1 - plaintiff, filed a suit seeking declaration that family arrangement made between the parties on 29/9/2010 by way of an agreement, is binding to all of them and the defendants have no right or authority to act against the conditions mentioned therein, either by themselves or through their agents, assignees or any other persons, to create charge or sell it off and injuncting them for the same. From the pleadings, it appears that the parties to the suit are brothers and the mother of them, who is also joined as defendant in the suit. As coming out from the papers, there appears other suits filed in between them with regard to the aforesaid agreement of family arrangement and its fallout.

(2.) It appears that this suit in the present case was also ordered to be clubbed together with the other suits being Special Civil Suit Nos. 45 of 2011, 46 of 2011 and 47 of 2011 for the joint trial of all common issues in dispute.

(3.) Mr. Udayan P. Vyas, learned advocate for the petitioner submitted that after the service of the summons, vide Exhibit-8 on 6/12/2010, the petitioner - defendant No. 2 filed written statement to the suit as also the injunction application mentioning therein that today i.e. on 6/12/2010, as per the settlement arrived between the parties, they pray for passing a decree in the suit and injunction also, as per the settlement deed which is separately produced vide Exhibit-9 along with their written statement on that very day. However, in the said written statement, it is mentioned that the suit filed by the plaintiff is correct and they admit the claim made therein.