DEVCHAND CONSTRUCTIONS Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Nadkarni waives service for the respondent No. 1. Mr. Sawaikar waives service for respondent No. 2.

(2.) This petition is directed against the order dated 23rd January, 2006 passed on Exh. 20 in Special Civil Suit No. 22/2003/a by the civil Judge, Senior Division at Vasco-da-gama, Goa, whereby an application under order 1 rule 10 of Code of Civil Procedure, 1908 ("c. P. C. " for short) was allowed and impleadment of respondent No. 2/ defendant No. 2 was permitted by the trial Court. The parties herein are referred to in the same capacity as they were before the trial Court for the sake of clarity.

(3.) The factual matrix reveals that the petitioner/ original plaintiff filed suit against defendant No. 1 for recovery of Rs. 1,11,73,756/- being the amount of the final bill due and recoverable from defendant No. 1 in terms of tender conditions pursuant to the agreement between the plaintiff and defendant No. 1 dated 19th March, 1999. The tender and the contract terms were settled between the plaintiff and defendant No. 1. The defendant No. 2/ respondent No. 2 herein was not a party to the said contract/ tender.