JUDGMENT

Sanjeev Sachdeva, J.

IA No.12765/2013 (under Order 1 rule 10)

1. This is an application on behalf of M/s Swatantra Coop House Building Society for being impleaded as defendant in the present suit.

2. Order 1 rule 10 of the Code of Civil Procedure lays down as under:

10. Suit in name of wrong plaintiff. (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.

(2) Court may strike out or add parties.-The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.

(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent.

(4) Where defendant added, plaint to be amended.-Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant.

(5) Subject to the provisions of the Indian Limitation Act, 1877 (15 of 1877), Section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.

3. Under Order 1 rule 10(2) any person whose presence is necessary for the purposes of enabling the Court to effectually and completely adjudicate upon and settle all the questions involved in the suit can be added as a defendant. The power to add a party can be exercised at any stage of the proceedings.

4. The plaintiffs have filed the present suit for declaration and permanent injunction primarily against defendant No.1, i.e., MCD. The plaintiffs and defendant No.2 claim to be owners of free hold plot No.25 (New) Category II, Group B measuring 399.93 Sq.Yards, Kalindi Colony in Revenue Estate of Village Kilokri, Delhi.

5. Case of the plaintiff it that the said plot was allotted and sold to the mother of the plaintiff and defendant No.2 by Swatantra Coop House Building Society (applicant herein) vide sale deed dated 07.10.1965. The society had purchased an area of 2046 acres of land in the year 1955-57. The land purchased was not in any geometrical dimensions and zigzag shape. A layout plan was prepared by the society and the same was passed by the defendant MCD vide resolution dated 01.10.1958 and as per the said resolution, 108 residential plots were approved. Since the land was irregular, the society had been representing to the MCD and other concerned authorities for adjustment of pocket and boundaries belonging to CRRI, Ministry of Transport and to exchange land belonging to the society with the land belonging to CRRI and others.

6. The society sought for permission from the MCD, which permission was granted vide resolution dated 08.05.1964, to make boundary wall of the colony regular. Society was granted permission to construct on the plots in the colony except plots No.1, 2, 10-15 in Block B and Plots No.18-25 in Block `E' for want of approach road. As per plaintiff, the society once again approached the corporation for allowing building activities on the plots and vide resol