GIRDHARI SAGARMAL BIHANI Vs. RELIANCE INDUSTRIES LTD

JUDGEMENT

(1.) THE applicant claims that he had purchased shares from the plaintiffs which he in turn had sold in the market.

(2.) THE plaintiff has filed a suit for declaration that he is the owner of the shares which are presently registered in the name of defendant No.3. It is the apprehension of the applicant that if the Plaintiff obtains such a declaration it is he who will be affected as defendant No.3 will claim through him.

(3.) IN the instant case the applicant no longer has any right in the shares he having sold them in the market, which shares have subsequently been registered in the name of defendant No.3 for the purpose of deciding the reliefs prayed for by the plaintiff the presence of the applicant is not required neither as a necessary party nor as proper party. At the highest the applicant is a witness who can be examined by defendant No.3. For that purpose I do not find that the applicant is either necessary or proper parity in the proceedings. It is needless to say that the applicant can always seek a declaration against the plaintiff that he is the owner of the shares if in law he is so entitled.