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2011 Supreme(Bom) 123

V.K.TAHILRAMANI, S.A.BOBDE
Elite Edifices Pvt. Ltd. – Appellant
Versus
Raj-Gruha Co-operative Housing Society Ltd. – Respondent


Advocates Appeared:
For the Appellant:A.G. Gharote, Advocate.
For the Respondents:R1 & R2, Rajnish Vyas, R3 to R6, D.M. Mulchandani, Advocate.

Judgment :-

(S.A. Bobde, J.)

1. Heard. Admit. Heard finally by consent of the parties.

2. The present Letters Patent Appeal is against judgment of the learned Single Judge upholding the order of the trial Court refusing leave to appeal for having joined as defendant to the suit.

3. The appellants purchased the suit property by two sale deeds dated 19.06.2008 and 17.11.2008 from the original defendants. In the suit, which was instituted on 19.10.2007, having purchased the suit property, the appellants applied for being joined as defendants since they were apprehensive that the original defendants having lost interest in the property may not defend the suit property and valuable rights acquired by the appellants may be defeated in the suit. Accordingly, they made an application under Order I Rule 10 of the Code of Civil Procedure on 08.01.2010 for being impleaded as defendants. The trial Court dismissed this application mainly on the ground that the plaintiff is a dominus litus and that he alone is entitled to decide whether the subsequent purchaser should be joined as a party or not. This order was challenged by the appellants before the learned Single Judge by way of writ petition.









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