SURESH KUMAR Vs. BROOK HOSPITAL FOR ANIMALS INDIA

JUDGEMENT

(1.) By this order, two civil revision petitions i.e CR 3323-2022 and CR 4981-2022 which have come up for final disposal, shall stand disposed of.

(2.) The relevant facts, in brief, are required to be noticed.

(3.) The petitioner herein is the plaintiff. His suit for grant of decree of permanent injunction was dismissed vide judgment and decree dtd. 29/8/2019, whereas, the respondent's cross suit for grant of decree of declaration qua the ownership of the defendant in the suit property was decreed. The plaintiff filed the First Appeal and during its pendency, he filed an application under Order XXII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as -CPC-) in order to substitute the original respondent with M/s Giri Kunja Land Promotors, which had purchased the property vide sale deed dtd. 6/9/2021 The application has been dismissed by the First Appellate Court on the ground that such an application can be filed only by the subsequent purchaser and not by the plaintiff (appellant). The correctness of the order passed on 21/7/2022 has been questioned in CR 3323 of 2022. Another attempt by the plaintiff to amend the plaint in order to add M/s Giri Kanja Land Promoters as a party to the litigation by filing an application under Order VI Rule 17 CPC has also been dismissed by the First Appellate Court. The other revision has been filed challenging the same.