DEBANGSU BASAK, J. - (1.) THE applicants wanted to be added as parties to the instant suit. The suit was for specific performance of an agreement. The plaintiff wanted execution and registration of a deed of lease in its favour on the terms and conditions mentioned in the so -called approved draft lease deed being Annexure 'C' to the plaint and a decree for possession of Premises No. 7A, Kiran Shankar Roy Road, Kolkata. The suit property was owned by a trust. Some of the trustees were defendants in the suit.
(2.) THE applicants contended that the Defendant No.5 was the elder son of the Defendant No. 3. The Defendant No. 5 as a trustee applied for being added as a party defendant in the instant suit. Such application was rejected by an Order dated July 7, 2011. Being aggrieved the Defendant No. 5 carried an appeal which was allowed by an Order dated March 20, 2013. The Defendant No. 5 was added as a party defendant to the present suit. On behalf of the applicant it was contended that, the Applicant No. 1 was appointed as a trustee on September 22, 2010 by the Defendant No. 3. The Applicant No. 1 was another son of the Defendant No. 3. The Defendant No. 3 appointed the Applicant No. 2 as the trustee on September 18, 2012. The Applicant No. 2 was the grandson of the Defendant No. 3 and the son of the Applicant No. 1. The Defendant No. 3 was one of the trustees of the trust and by virtue of Clause 14 of the deed of trust dated August 16, 1949 the Defendant No. 3 was entitled to appoint new trustees. The applicants as trustees were entitled to be added as party defendants in the instant suit. Written statement in the instant suit was already filed by the existing trustee. In the event the applicants were added as party defendants in the instant suit they would not file any further written statement and would adopt the written statement already on record.
(3.) ON behalf of the plaintiff it was submitted that, written statement in the instant suit was already filed by the trustees. Every time a new trustee was appointed it was not necessary to have such new to appoint trustee added as party defendant in the instant suit. The instant suit was for specific performance of an agreement. The applicants by making the application for addition of party were seeking to convert the suit to a proceeding for resolution of disputes inter se between the trustees. There was undue delay and at least such delay was unexplained on the part of the applicants as to why they did not make the present application earlier. The suit was ready for hearing.;