SWATI NAGPURE Vs. KAMLA NAGPURE

JUDGEMENT

(1.) Heard.

(2.) Petitioner defendant No.3 has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 04.10.2013, passed by the 11th Additional District Judge, Bhopal in Regular Civil Suit No.633-A/2011 whereby her application filed under Order 1, Rule 10 of CPC to implead her husband who is a son of respondent No.1 namely Arun Nagpure as defendant in the matter and application under Order 6 Rule 17 of CPC with respect of raising the question regarding maintainability of the suit filed at the stage of recording the evidence of respondent No.1 plaintiff have been dismissed.

(3.) Petitioner's counsel after taking me through the averments of the petition as well as papers placed on record along with impugned order argued that the aforesaid earlier application under Order 1 Rule 10 of CPC was filed to implead husband of petitioner while the son of respondent No.1 namely Arun Nagpure as defendant in the matter contending that in the alleged sale deed he has signed the same as attesting witness before the Sub Registrar, accordingly he is a necessary party in the matter and in his absence no effective decree could be passed. By way of another application filed under Order 6 Rule 17 of CPC the petitioner wants to insert the pleadings to insert the grounds for dismissal of the suit according to which the same is not entertainable under the law, but while dismissing such application the trial Court has not considered the relevant facts and circumstances of the matter and has also not considered the law laid down by the Apex court in the matter of Vidur Impex and Traders Private Limited and others vs. Tosh Apartments Private Limited and others, 2012 8 SCC 384. He has referred to para 41 of the said judgment. In connection of amendment application he placed his reliance on a decision of the Apex Court in the matter of J. Samuel and others vs. Gattu Mahesh and others, 2012 2 SCC 300. He has referred to paras 16 and 18 of the said judgment and prayed to allow the applications by setting aside the impugned order by admitting and allowing this petition.