Sh. Chet Ram Gupta vs Smt. Motia Devi Lamba
2013 Latest Caselaw 1808 Del

*                      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                        I.A. No.1538/2013 in CS(OS) 2818/1989

+                                      Date of Decision: 22nd April, 2013

#      SH. CHET RAM GUPTA                         ..... Plaintiff
                      Through:        Mr. Ashok Gurnani, Advocate with
                                      Mr. S.K. Chaturvedi, Advocate.

                                     VERSUS
$      SMT.MOTIA DEVI LAMBA                             ..... Defendant
                      Through:        Mr. P. Choudhary, Advocate for D-1.
                                      Ms. Paramjeet Kaur, Advocate for
                                      Mr. S.K. Shukla, Advocate for
                                      defendant (Attorney)
                                      Mr. Ashok Bhasin, Sr. Advocate with
                                      Ms. Nandni Sahni, Advocate for
                                      Defendant Nos. 2,3 & 4.
                                      Mr. N.S. Dalal, Advocate for
                                      applicant in IA No.l 9229/2011.
       CORAM:
*      HON'BLE MR. JUSTICE P.K.BHASIN

                               ORDER

P.K.BHASIN, J:

In this suit for specific performance of an agreement to sell in respect of one plot in Greater Kailash-II, New Delhi filed by the deceased plaintiff Chet Ram, against the owner of the said plot Smt. Motian Devi and some

other persons who were claiming that the suit plot had been in fact gifted to them by Smt. Motian Devi, the legal heirs of the deceased plaintiff have filed the present application under Order I Rule 10 CPC for impleadment of one Smt. Anju Malhan to whom the defendant No.1 Smt. Motian Devi has allegedly sold the suit plot by executing a registered sale deed in her favour during the pendency of the suit and in utter violation of the injunction order which this Court had passed in favour of the deceased plaintiff restraining her from creating any kind of third party interest in the suit plot.

2. In my view, unless and until the legal heirs of the deceased plaintiff seek to challenge the transaction of sale which, according to them, has been entered into between defendant No.1 and Smt. Anju Malhan they cannot seek her impleadment in the present suit. Her mere impleadment in the present suit will not serve any purpose in the adjudication of controversy between the parties unless the sale deed allegedly executed by defendant No.1 in favour of Smt. Anju Malhan is got set aside either on the ground that defendant No.1 could not have executed the same in favour of Anju Malhan in view of the fact that she had already agreed to sell the suit plot to late Sh. Chet Ram Gupta or that the same had no legal sanctity because of having been executed by defendant No.1 in violation of the restrain order passed by this Court in the present suit way back in the year 1989. It

appears that the present application has been filed by the legal heirs of the deceased plaintiff to simply delay the final disposal of the suit since he has got an ex parte injunction in his favour whereby the defendants had been restrained from dispossessing him from the suit plot and also considering the fact that there are other claimants as well claiming title over the suit plot and the legal heirs do not want their case to be considered on merits.

This application is, therefore, dismissed.

P.K. BHASIN, J

APRIL 22, 2013