ADARSH CO-OPERATIVE HOUSING SOCIETY Vs. S RAMCHANDRA

JUDGEMENT

(1.) THE Petitioners in both these Revision Applications have impugned Orders dated 29th September 1995 passed in Interim Notice No.1483 of 1994 in R.A.D. Suit No.606 of 1994 and in Interim Notice No.1395 of 1994 in R.A.D. Suit No.1311 of 1994 by the Court of Small Causes at Bombay.

(2.) BY the said Order of third party application moved by the Petitioner herein for various reliefs to reject the suit, etc. has been rejected. Alternative prayer of the Petitioner for being joined as a party Defendant in the proceedings has also been rejected. At the hearing of the Revision Applications, the learned Counsel for the Petitioner confines himself to the issue regarding dismissal of Petitioner's application for being joined as a Defendant in the proceedings. In the event the Petitioner is joined then all the other averments and/or reliefs sought by the Petitioner could always be raised by filing a written statement.

(3.) FOR the reasons aforesaid, both the orders dated 29th September 1995 in Interim Notice No.1483 of 1994 in R.A.D. Suit No.606 of 1994 and in Interim Notice No.5395 of 1994 in R.A.Suit No.1311 of 1994 passed by the Small Causes Court at Bombay are quashed and set aside. Application by the Petitioners herein to be added as Defendant in the suit are allowed in both the Suits. Plaintiffs in both the suits are directed to add the Petitioner herein as party defendant in the suit and to carry out necessary amendment within two months from to-day. Both the Civil Revision Applications are accordingly allowed. Rule in both the matters made absolute in terms aforesaid. In the circumstances of the case, there shall be no order as to costs.