TARUNBHAI SANTRAMBHAI Vs. BHIKHABHAI HIRABHAI PATEL

JUDGEMENT

(1.) Challenge in this petition is made to the order passed by the 4th Additional Senior Civil Judge, Gandhinagar dated 26.09.2017 below application Exh. 11 in Special Civil Suit No. 43 of 2009. By the impugned order the Trial Court has rejected the application which was for joining as party defendant in the suit.

(2.) Ms. Patel, learned advocate for the petitioner has submitted that the subject matter of the suit is the land, which is already purchased by the present petitioner by a registered sale deed dated 01.07.2010. It was purchased from a party, who had purchased it from the original land owner by a registered sale deed dated 04.08.2005. There is no challenge to any of these sale deeds. The suit in question is filed by a person, who claims that there was an agreement to sale the suit property, in his favour dated 29.01.2008. The said suit is instituted on 25.02.2009. It is pointed out that in the entire suit there is no whisper about the sale deed dated 04.08.2005. Further, though the original land owners are party defendants, they have chosen not file any written statement contesting the said suit or atleast informing the Court that the said land is already sold by them in the year 2005. According to the present petitioners, this is a collusive suit, which was required to be appropriately contested by the concerned party, which in the present case would be the present petitioner, who has purchased the said property by a registered sale deed. It is submitted that, the rejection of the application by the Trial Court is illegal and the same needs to be interfered with.

(3.) On the other hand, Mr. Mansuri, learned advocate for the contesting respondent - original plaintiff has submitted that the Trial Court has not committed any error by not granting the application of the third party, whose presence, in the facts of this case was not required. It is submitted that this petition be dismissed.