LAWS(BOM)-2005-6-64

RAJARAM RAU PATIL Vs. MARCEL DE PIEADE BRAGANZA

Decided On June 09, 2005
RAJARAM RAU PATIL Appellant
V/S
MARCEL DE PIEADE BRAGANZA Respondents

JUDGEMENT

(1.) RULE. By consent, rule is made returnable forthwith. By consent of the parties, the petition is heard finally and is being finally disposed of by this judgment. Counsel for the respondents waive service.

(2.) BY the present petition, the petitioner challenges the order of the trial court dated 22-10-2001, disallowing the application bearing Civil Misc. Application no. 179/2000/a in Special Civil Suit No. 9/88/a made on behalf of the original plaintiff. The said application was for amendment of the plaint to implead the proposed defendants on the ground that during the pendency of the suit, the suit land was transferred by defendant No. 3 in their favour.

(3.) THE suit was filed for a declaration by the plaintiff that he has entered into lease agreement with the owners of the land which is an agricultural land of defendants Nos. 1 and 2 and by virtue of the clause in the said agreement he was entitled to purchase the said land. Defendant No. 3 was joined as a person to whom the land was sold by the owners i. e. defendants Nos. 1 and 2. After institution of the suit, the plaintiff learnt that defendant No. 3 had agreed to sell the said property to the proposed defendants Nos. 8 to 12 and, therefore, he wanted to implead them as the defendants in order to enable the court to effectually and completely adjudicate upon and settle all the questions involved in the suit and to avoid multiplicity of proceedings.