MAHECHCHHA CORPN Vs. BHAGWANDAS DAYARAM

JUDGEMENT

(1.) This Revision Application filed by the original plaintiffs under Section ll5 of the Code of Civil Procedure is directed against the order passed by the learned Civil Judge (S.D.), Surat below defendants' application Exh. 59 for impleading 31 specified persons as plaintiffs and also consequential orders passed by him below application Exh. 61 filed by the defendants and rejecting the plaintiff' application Exh. 65 for review of the said orders.

(2.) The applicants have filed Special Civil Suit No. 586 of 1987 in the Court of Civil Judge (S.D.), Surat for specific performance of the agreement for sale of the suit property dated 1-3-86 executed by the opponents-defendants. One of the averments made in the plaint was that 34 plots had already been booked and possession thereof had been delivered to different persons.

(3.) In this suit, the opponents-defendants submitted an application Exh. 59 for joining 31 specified persons as co-plaintiffs on the ground that these 31 persons had trespassed into the suit property on 18-4-89 at the instance of the plaintiffs. On the same day, the learned Civil Judge(S.D.) granted the application and passed order for joining the specified 31 persons as plaintiffs Nos. 4 to 34. Again on the same day, the defendants submitted another application Exh. 60 for an interim injunction restraining the proposed plaintiffs Nos. 4 to 34 from entering into the suit land. The learned Civil Judge passed an order directing these 31 persons and to maintain status quo. The plaintiffs, therefore, submitted the application Exh. 65 for setting aside orders below Exhs. 59 and 60 which had been passed without hearing the opponents or their advocate. This application for review was also rejected by the learned Civil Judge. These orders below applications Exhs. 59, 60 and 65 are being challenged in this Revision Application.