JIGNESH ASHWINBHAI SHAH Vs. MEENAXIBEN NATVARLAL JAYSWAL

JUDGEMENT

(1.) The present petition is filed being aggrieved and dissatisfied with the impugned order passed by the learned Principal Civil Judge, Waghodia District Vadodara below Exh.28 application in Regular Civil Suit No.76 of 2017 on 29/11/2019, by which the application filed by the present petitioner for impleading him as party is rejected.

(2.) The brief facts giving rise to this petition are such that the respondent no.1 herein has instituted Regular Civil Suit No.76 of 2017 against respondent nos.2 to 6 herein in the Court of Principal Civil Judge, Waghodiya for declaration and permanent injunction that she has become the owner and occupier of the suit land on the basis of Will and further the defendant nos.1 and 2 have accepted the amount of Rs.5.00 lakhs by way of compromise and given peaceful and vacant possession of the suit land. It is averred in the petition that the present petitioner's predecessor purchased the land in question and on the demise of the legal owner and predecessor, a dispute also arose between the respondents herein for mutation of entry in the revenue record, wherein the predecessor of the petitioner was also a party, however, the same was withdrawn; that the petitioner herein filed Special Civil Suit No.7 of 2018 before the Civil Judge (Senior Division), Savli for specific performance of contract; that the present petitioner has also filed Arbitration Suit No.40 of 2018 before the Board of Nominee with regard to the subject land.

(3.) It is averred that when the petitioner came to know about the institution of the captioned suit and issuance of summons therein on 19/3/2018, the petitioner preferred application Exh.18 for joining party as defendant in the captioned suit on 26/4/2018, as the present petitioner is a necessary and/or proper party for the adjudication of the main controversy. However, the same was dismissed on 26/10/2018 on the ground of absence of the learned advocate for the petitioner, which the petitioner came to know on 26/12/2018 and therefore, he filed application Exh.28 with a prayer to recall the order passed below Exh.18, however, the said application was rejected vide the impugned order and therefore this petition is filed.