JASPAL SINGH CHANDHOK Vs. SANDEEP PODDAR

JUDGEMENT

(1.) The Court: This is an application for amendment of the plaint for adding the applicants as parties on the basis that the applicants have purchased the entire property of the plaintiffs.

(2.) Learned counsel appearing for the applicants places an authority for the proposition that parties may be added to a suit upon devolution of interest as provided under Order XXII Rule 10 of The Code of Civil Procedure.

(3.) Although learned counsel appearing for the defendants raises an objection under Chapter VI Rule 4 with Rule 11 of the Original Side Rules of this Court with regard to the Summons being required to be accompanied with an affidavit for the business of Court conducted in Chambers, this Court is of the view that the objection is technical in nature and the applicants who have purchased the entire property from the plaintiffs should be added as parties to the suit. The question whether the original plaintiffs who have given away the ownership to the applicants can still remain as parties shall be heard when the suit is taken up for hearing or upon an appropriate application being made in that regard.