SHIRISHKUMAR RAMESHCHANDRA PARIKH Vs. KISHOREBEN JAGATKISHOR PUROHIT

JUDGEMENT

(1.) The present petition is filed by the petitioner challenging the order impugned passed below Exh.36 dtd. 4/11/2022 by the Principal Senior Civil Judge, Vadodara in Special Civil Suit No.175 of 2018, by which, the trial Court has refused to add the petitioner as party plaintiff to the said suit. The said suit is filed by the plaintiff - respondent No.2 herein and the defendant - respondent No.1 herein for specific performance.

(2.) The facts of the present case are as under :

(3.) Learned advocate Mr. Hasit Dave for the petitioner has strongly relied upon the deed of assignment and has submitted that by virtue of the assignment deed, interest is created in favour of the present petitioner. He has further submitted that in view of the provisions of Order I Rule 1 read with Order XXII Rule 10 of the Code of Civil Procedure, the trial Court ought to have allowed the application filed by the petitioner. He has submitted that the trial Court has misread and misinterpreted the documents on record produced by the petitioner. He has submitted that the trial Court has not appreciated the provisions of law and therefore, this petition is required to be allowed by this Court by exercising the powers under Article 227 of the Constitution of India.