Jay Gurudev Constructions Thr Its Partners Sanjay J Jain Manish K Mehta Girish M Matta v. Smt. Kashibai Padman Patil and Ors.
Case brief
What is this about?
Impleadment of property purchaser as party-defendant; Order 1 Rule 10(2) CPC; suit for partition instituted 2010; Registered Tripartite Agreement dated 28 January 2013; trial Court discretion upheld as legally impeccable; Civil Revision Application dismissed by Bombay High Court.
What did the court decide?
In view of the suit for partition having been instituted in 2010 and the Petitioner having purchased the subject property from Defendant Nos. 2 to 5 under a Registered Tripartite Agreement dated 28th January 2013, the trial Court's exercise of discretion to implead the Petitioner as a party-Defendant to the suit appears legally impeccable. ¶¶18