DULCHAND OMPRAKASH Vs. DHIRENDRA MULLICK

JUDGEMENT

(1.) THE applicants wanted to be added as parties to the instant suit. The suit was for specific performance of an agreement. The plaintiff wanted execution and registration of a deed of lease in its favour on the terms and conditions mentioned in the so -called approved draft lease deed being Annexure 'C' to the plaint and a decree for possession of Premises No. 7A, Kiran Shankar Roy Road, Kolkata. The suit property was owned by a trust. Some of the trustees were defendants in the suit.

(2.) THE applicants contended that the Defendant No.5 was the elder son of the Defendant No. 3. The Defendant No. 5 as a trustee applied for being added as a party defendant in the instant suit. Such application was rejected by an Order dated July 7, 2011. Being aggrieved the Defendant No. 5 carried an appeal which was allowed by an Order dated March 20, 2013. The Defendant No. 5 was added as a party defendant to the present suit.

(3.) ON behalf of the plaintiff it was submitted that, written statement in the instant suit was already filed by the trustees. Every time a new trustee was appointed it was not necessary to have such new to appoint trustee added as party defendant in the instant suit. The instant suit was for specific performance of an agreement. The applicants by making the application for addition of party were seeking to convert the suit to a proceeding for resolution of disputes inter se between the trustees. There was undue delay and at least such delay was unexplained on the part of the applicants as to why they did not make the present application earlier. The suit was ready for hearing.