DASHRATH KUMAR CHOUDHARY Vs. RAMESHWER GOYAL

JUDGEMENT

(1.) The present petition has been filed by the petitioner-defendant challenging the order dated 4.2.12 passed by the Addl. District Judge, No.7, Jaipur City, Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 89/09 whereby the trial court has allowed the application of the respondent-plaintiff seeking amendment in the plaint under Order VI Rule 17, and impleadment of Smt. Gunjan Choudhary as the party-defendant in the suit under Order I Rule 10 of CPC.

(2.) The facts in nutshell are that the respondent-plaintiff has filed the suit against the petitioner-defendant seeking specific performance of the agreement dated 30th April, 2008, alleging interalia that the defendant was the owner of the property bearing Flat No. 101 having super built up area of 2845 Sq. feet and the Showroom having built up area of 900 Sq. feet and one basement with parking situated at the Vaibhav Paradise Apartment, Plot No. 3-B, Moti Doongri Road, Jaipur. It was further alleged that the petitioner-defendant had agreed to sell the said property to the respondent-plaintiff for consideration of Rs. 52 lacs, out of which the plaintiff had paid Rs. 5 lacs in cash. Since the petitioner-defendant refused to perform his part of agreement in question, the suit was filed. The said suit was resisted by the petitioner-defendant by filing the written statement denying the allegations made in the plaint and further contending interalia that no such agreement as alleged was executed by him. He also further contended that the father of the petitioner-defendant Shri Girdhar Gopal Choudhary was the owner of the suit property, who had gifted the Showroom to Smt. Gunjan Choudhary, wife of the petitioner by registered gift deed dated 2.6.07 and had gifted the Flat No. 101 to the petitioner-defendant. The respondent-plaintiff filed the rejoinder alleging that the said gift deed was sham and fictitious.

(3.) In view of the said contentions raised by the petitioner-defendant in his written statement, the respondent-plaintiff also filed an application seeking amendment in the plaint under Order VI Rule 17 and seeking impleadment of Smt. Gunjan Choudhary as the party-defendant No.2 under Order I Rule 10 of CPC. The said application was resisted by the petitioner-defendant, however the trial court vide the impugned order allowed the said application. Being aggrieved by the same, the present writ petition has been filed by the petitioner-defendant invoking Article 227 of the Constitution of India.