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I.A. 12765/2013 in CS(OS) 2984/2013

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Order Reserved on: 16^th January, 2014

Pronounced on: 13^th February, 2014

+

CS(OS) 2984/2011

D.V. SINGH AND ANOTHER

..... Plaintiffs

Through: Mr.Anand Yadav, Advocate

versus

MUNICIPAL CORPORATION OF DELHI & ANOTHER

..... Defendants

Through: Ms.Shyel

Tehan

and

Ms.Manzira

Dasgupta,

Advocates for D-1/MCD

Mr.A.P.Aggarwal, Adv for

D-2.

Mr.Ravi Kant Chadha, Sr.

Advocate

with

Mr.

R.K.

Gautam,

Adv

for

defendant/applicant.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

SANJEEV SACHDEVA, J.

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

1.

This is an application on behalf of M/s Swatantra Coop

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I.A. 12765/2013 in CS(OS) 2984/2013

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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

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I.A. 12765/2013 in CS(OS) 2984/2013

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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 ¹Indian

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.

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I.A. 12765/2013 in CS(OS) 2984/2013

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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