IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15638 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ==========================================================

Approved for Reporting Yes No ==========================================================

ARUNKUMAR JWALAPRASAD TULSHIYARI Versus DILIPSINH KAPURSINH BHATIA & ORS.

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Appearance:

MR KR BRAHMBHATT(203) for the Petitioner(s) No. 1 MR DM DEVNANI(5880) for the Respondent(s) No. 4,5,6,7 MR MANAN MAHETA(6037) for the Respondent(s) No. 1,8,9 MS POONAM M MAHETA(11265) for the Respondent(s) No. 1,8,9 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 09/03/2026

JUDGMENT

1. The present petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner - original plaintiff. The petitioner herein has prayed for following reliefs:-

"A. Your Lordships may pleased to admit the present petition in the interest of justice;

B. Your Lordship may be pleased to called for the records and proceedings of Civil Suit No. 1223 of 2014 from City Civil Court, Ahmedabad and exmine the same and pass the necessary orders in the interest of justice.

C. Your Lordships may be pleased to set aside the order passed at Annexure-A dated 30/07/2024 in the Civil Suit NO. 1223 of

2014 below Exh.43 rejecting application for joining parties by petitioner in Civil Suit No. 1223 of 2014 and order to join respondent No.2 to 9 as defendants in the Civil Suit No.

1223 of 2014 the interest of justice;

D. Any other relief deem just and fit pass in the interest of justice."

2. Heard learned advocate Mr. K R Brahmbhatt for the petitioner and learned advocate Mr. D M Devnani for respondent Nos. 4 to 7.

3. Rule returnable forthwith. Learned advocate for the respondent waives service of notice of rule on behalf of respondent Nos. 4 to 7.

4. Learned advocate for the petitioner contended that the petitioner has filed a suit for recovery of an amount of Rs. 5,02,24,000/- (Rupees five crore two lakh and twenty four thousand) with interest @ of 18% per annum against the defendants. It is submitted that an agreement dated 30.03.2013 came to be executed between plaintiff and defendant for sharing the profit and loss with regard to development of the property bearing final plot No. 155/2 of Draft T P Scheme No. 57 of Narol District, Sub District Ahmedabad bearing Survey No. 101/5/2. The said property was jointly purchased, and plaintiff has also invested huge amount for the purpose of the purchase of the land. The plaintiff and defendants jointly constructed a building named "Sukhamrut Complex". It is contended that pending the suit, defendants executed various registered sale deeds in favour of proposed parties who are respondent Nos. 4, 5, 6, 7, 8 and 9 herein. It is contended that the present respondents Nos. 4 to 9 are necessary and proper party for the adjudication of the question involved in the suit. It is contended that the proposed parties are necessary parties to protect the large amount of money involved in the project. The learned Trial Court rejected the application for joining respondent Nos. 4 to 9 on the ground that there is a delay of two years in filing the application. Such observations are perversed observations. Considering the provisions contained under Order 1 Rule 10 of the Code of Civil Procedure, 1908, ("the Code" for short"), it is contended that, there is no time limit prescribed in making the application under Order 1 Rule 10 of the Code. The impugned order requires to be quashed and set aside. Except above, no other submissions are made.

5. Per contra, learned advocate for the respondents has supported the order and contended that the suit is for recovery of the amount, which is placed upon an agreement dated 30.03.2013. Learned advocate for the respondent has taken this Court th