High Court dismissed a writ petition challenging the trial Court's dismissal of an application for amendment of pleadings in a specific performance suit. The Court held mother and sisters of defendant were not necessary parties and trial Court exercised discretion correctly.
Writ petition dismissed; pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8863/2007
Nawal Modani son of Shri Gaurishankar Modani, resident of Plot No. C- 98, Bhagirath Marg, Shyam Nagar, Sodala, Jaipur.
....PLAINTIFF/PETITIONER.
VERSUS
Jatan Singh son of Shri Khangar Singh, by caste Rajput, resident of Bagru Khurd Tehsil Sanganer, District Jaipur. Presently resident at Plot No. 226/1972, Near New Modern Public School, Beniwal Bagh, Near Vijayraj-ki-Dungari, Opposite Jal Mahal, Gurjar Ghati, Jaipur.
.....DEFENDANT/RESPONDENT
For Petitioner(s) : Dr. P.C. Jain For Respondent(s) : None present
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
03/12/2019
(2 of 2)
[CW-8863/2007]
filed by the petitioner-plaintiff. Counsel further submits that the mother and four sisters of the defendant are necessary parties for just decision of the pending suit. Counsel further submits that without impleading mother and sister of the defendant, the suit cannot be decided.
(INDERJEET SINGH),J
JYOTI /23
2 issues framed by the court
Whether the trial Court committed illegality in dismissing the petitioner's application for amendment of pleadings.
Whether the mother and sisters of the defendant are necessary parties for the just decision of the suit for specific performance.
2 provisions across 2 enactments
Nawal Modani
Jatan Singh
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
