Document Fragment View
Fragment Information
Showing contexts for: parwanda in Gunjan Kumar vs Vipin Parwanda & Anr on 21 April, 2015Matching Fragments
7. On 31.03.2014, a Chamber Appeal, registered as O.A. 51/2014 was filed by the defendants against the order dated 10.09.2013 passed by the Joint Registrar, closing their right to file the written statement. Notice was issued on the said Chamber Appeal and the plaintiff has filed a reply in opposition thereto. Appropriate orders have been passed in the said appeal separately.
8. Coming back to the applicant herein, she alongwith her brother, Mr. Abhinav Parwanda had filed an application for impleadment under Order I Rule 10 CPC, registered as I.A. 8628/2012. It was recorded in the order dated 13.05.2014, that despite opportunities being granted to the applicants to address arguments on the maintainability of the said application, none had been appearing on their behalf. In the interest of justice, the said application was adjourned to 08.07.2014 and thereafter to 02.09.2014. Finally, by the impugned order dated 02.09.2014, the aforesaid application was dismissed by the learned Joint Registrar who had observed that it was not maintainable in view of the fact that the applicants had themselves agreed by virtue of clause 3 of the Memorandum of Family Settlement dated 23.10.2009, executed between them and the defendants No.1 and 2(their parents) that they would sell the suit premises and the sale proceeds would be divided between them. It was therefore observed that the applicants were neither necessary, nor proper parties in the suit and the said application was dismissed. At the same time, liberty was granted to the applicants to pursue their remedies in accordance with law.