JAYASHREE CHANDRAKANT THITE Vs. PADMAVATI MOHANLAL PAREKH

JUDGEMENT

(1.) This Chamber Summons is taken out by the applicants seeking their impleadment as the plaintiffs either by deleting extant plaintiffs or by adding the applicants as plaintiff nos.6 to 10.

(2.) As the dispute spans over a period of 40 years, it may be apposite to note the facts which led to the instant chamber summons, in a little detail.

(3.) An affdavit-in-reply is fled by Mr. Prabhakar Sopan Tekwade, plaintiff no.5, in opposition to the applicants prayer of impleadment. It is averred that the instant suit has been instituted by the plaintiffs in their individual capacity. Since the agreement dated 18th July, 1978 and the supplemental agreement dated 17th December, 1982, were executed by the plaintiffs in their personal capacity, the status of the plaintiffs cannot be changed nor the plaintiffs can be substituted. In contrast, the applicants have no locus standi. Nor the applicants are either necessary or proper parties to the suit. The presence of the applicants is not necessary for a complete and effectual adjudication of the dispute. The plaintiffs alleged that the applicants are hand in glove with the defendants.