GOVIND SINAI Vs. GOVIND USNO BHOBE

JUDGEMENT

(1.) THE petitioner challenges the order dated 14th August 1995 passed by the civil Judge, Junior Division, Panaji, in Regular Civil Suit No. 16 of 1982/c. By the impugned order, the trial Court has allowed two applications filed by the respondents herein.

(2.) ONE of the applications is Civil Miscellaneous Application No. 388 of 1994/c whereby the respondent no. 4 has sought to intervene in the said suit on the ground that by deed of declaration dated 17-9-1951 between the petitioner and one Vaman baburao Bhobe, the building in question was gratuitously transferred in the name of the respondent no. 4, which was then unregistered society, and that since the said society has now been registered under no. 41/goa/94, since 3rd March 1994, the same is necessary and essential party to the suit.

(3.) THE Civil Miscellaneous Application No. 389 of 1994/c was filed by the respondents nos. 1 and 2 herein on the ground that the respondent no. 4 has been already registered after filing of the suit and is, therefore, a juridical person or a legal entity and, therefore, should be joined in the suit as necessary and essential party along with the respondent no. 5, who is the son of Vaman Bhobe who had entered into an agreement of declaration dated 17-9-1951 with the petitioner and that no relief can be granted in the suit in the absence of the respondents nos. 4 and 5.