VILASINI APPA SHIRODKAR Vs. RIZWAN SHEIKH

JUDGEMENT

(1.) Rule made returnable forthwith. Mr. D'Souza, the learned Counsel, waives service for the respondent. Heard finally by consent of parties.

(2.) By the impugned order dated 21.06.2017, the Trial Court has dismissed an application (Exhibit-41), filed by the petitioner for addition of parties under Order I Rule 10 of CPC. A perusal of the impugned order shows that in para 7, the learned Trial Court has observed that although, the petitioner has filed the application on the basis of two sale deeds i.e. 08.09.2015 and 23.11.2015, the copies of the sale deeds are not produced. The said observation appears to be apparently incorrect, as there is a coply of the list of documents produced, which is dated 04.11.2016, under which, the two sale deeds are produced on record.

(3.) Any application for addition of parties has to be considered, by examining as to whether, the proposed parties are either necessary or proper parties.