(Per : HONOURABLE MR.JUSTICE C.L.SONI) Applicants original plaintiffs have preferred these civil applications to permit them to introduce proposed amendment in the plaint as per Exh. A annexed with the applications. Applicants have stated that immediately after the judgment and decree was pronounced on 14th June, 2000, on that very day, the sale deed was executed in favour of the opponent no.8. It is further stated that said act of the original defendants is to over reach the process of the Court and to create stumbling block in the way of the applicants in taking action in respect of the impugned judgment and decree and in the event of succeeding in the main appeal, to enforce specific performance of contract against opponent no.8. In view of this, for seeking consequential direction and to join in the conveyance to be executed, opponent no.8's presence in the suit and to challenge the sale deed in their favour is very much required. Applicants are therefore required to be permitted to amend the plaint so as to challenge the said sale deed in favour of opponent no. 8 and to take further direction against opponent no. 8 for the consequential action.
2. We have heard learned advocates on these applications. We find that the opponent no.8 had got sale deed executed on the very day when the impugned judgment and decree were pronounced. We also find that the opponent no. 8 at his own volition come forward to be joined as party respondent in the appeals filed by the plaintiffs and opponent no.8 has been permitted to be joined as party respondent in the first appeals. Thus, opponent no.8 will be certainly bound by the out come of the proceedings of the first apeals. By permitting the plaintiffs to amend the plaint, this court is not accepting the case of the plaintiffs as stated in the proposed amendment. Since the opponent no.8 has already been joined as party respondent no.8 in the first appeals, if the amendment as prayed for by the applicants is not allowed, the applicants will be put to a great prejudice, if ultimately the applicants are to succeed in the appeals. Therefore, subject to the rights and contentions of the parties on the merits of the case as stated in the proposed amendment, this court is of the opinion that the applications for amendment are required to be allowed. Accordingly, these applications are allowed in terms of para 10(A). This court makes it clear that the proposed amendment shall be subject to all the rights and contentions of respondent no.8 in the first appeals as may be available in law. Accordingly, these civil applications stand allowed and disposed of.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top