The need to strictly adhere to the provisions of law in civil proceedings and the limited scope of exercising powers under Article 227 of the Constitution of India.

ORDER :

1. The present petition is filed by the petitioner challenging the order impugned passed below Exh.36 dated 04.11.2022 by the Principal Senior Civil Judge, Vadodara in Special Civil Suit No.175 of 2018, by which, the trial Court has refused to add the petitioner as party plaintiff to the said suit. The said suit is filed by the plaintiff - respondent No.2 herein and the defendant – respondent No.1 herein for specific performance.

2. The facts of the present case are as under :

2.1 The plaintiff – an administrator of Shri Acharya Mahaprabhuji Ni Bethak Temple viz., Shri Vrajeshkumar Vrajbhushanlalji Maharaj Shri, Vadodara has filed the suit against the defendant - Smt. Kishoriben Jagatkishor Purohit for specific performance of an agreement to sell, which is executed for an immovable property for the consideration of Rs.6 lakhs. The said agreement to sell is notarised one and not the registered document.

2.2 During the pendency of the suit, the deed of assignment is executed by the original plaintiff in favour of the present petitioner. Therefore, the present petitioner has filed an application below Exh.36 for impleading the party plaintiff in the said suit.

2.3 After considering the rival submissions made by the respective parties, the trial Court has rejected the application for impleading the present petitioner as party plaintiff in the suit vide order dated 04.11.2022.

2.4 At the time of filing the present petition, the original plaintiff was alive and therefore naturally, at the time of filing of an application below Exh.36 before the trial Court, the original plaintiff was alive.

2.5 It is noted that the original plaintiff has expired recently, as submitted by both the learned advocates for the parties.

2.6 It is this order impugned, the petitioner has challenged before this Court in this petition.

3.1 Learned advocate Mr. Hasit Dave for the petitioner has strongly relied upon the deed of assignment and has submitted that by virtue of the assignment deed, interest is created in favour of the present petitioner. He has further submitted that in view of the provisions of Order I Rule 1 read with Order XXII Rule 10 of the Code of Civil Procedure, the trial Court ought to have allowed the application filed by the petitioner. He has submitted that the trial Court has misread and misinterpreted the documents on record produced by the petitioner. He has submitted that the trial Court has not appreciated the provisions of law and therefore, this petition is required to be allowed by this Court by exercising the powers under Article 227 of the Constitution of India.

3.2 He has further submitted that the application under Order 7 Rule 11 of the Code filed by the defendant is rejected by the trial Court. He has also submitted that the application Exh.5 filed by the plaintiff is allowed by the trial Court. He has also submitted that if the petitioner is joined as plaintiff in the suit, no prejudice would be caused to the rights of the defendant, as the defendant will get equal opportunity to deal with the averments and submissions made by the petitioner. He has submitted that the plaintiff has filed a purshis and has given no objection before the trial Court for joining the petitioner as party plaintiff. He has submitted that this petition may be allowed.

4.1 Per contra, learned advocate Mr.Amit Joshi for respondent No.1 – original defendant has vehemently opposed this petition. He has submitted respondent No.1 has also filed affidavit by contending the various grounds. He has submitted that the application below Exh.36 was filed by the petitioner when the plaintiff was alive. He has submitted that the plaintiff himself has not filed such application for joining the petitioner as plaintiff in the suit. He has submitted that the issues are already framed by the trial Court and now, the matter is ripe for leading the evidence. He has submitted that at this stage, the petitioner has filed the application before the trial Court for joining