DOLPHIN DEVELOPER Vs. DESMOND THARAKAN JOSEPH

JUDGEMENT

(1.) The issue involved in both these petitions is common viz. as regards impleadment of a party to the suit in the capacity of defendant and as such, both these petitions are heard and decided together.

(2.) In Writ Petition No.5075 of 2022 legality of the order dtd. 2/3/2022 passed in Chamber Summons No.1349 of 2021, is questioned whereby the Trial Court i.e. City Civil Court, Dindoshi allowed the Chamber Summons in terms of prayer clause (a) and (b). The prayer clause (a) and (b) of the Chamber Summons reads thus :-

(3.) The prayer (a) permits the applicant to the said Chamber Summons to be added as defendant No.2 and the prayer (b) pertains to directions to the plaintiff/petitioner to carry out consequential amendment.