Sudip Ahluwalia, J. - (1.) This is an application under Order I Rule 10 of the Code of Civil Procedure filed on behalf of the applicant 'Sethia Oils Limited' for being added as a party defendant in the original suit.
(2.) The petitioner's claim is that it was inducted as a sub -lessee by the original defendant in a designated portion of the demised premises by virtue of a registered indenture of sub -lease executed on the 22nd day of May, 2003. The background of the matter is that the original indenture dated 5th March, 1965 was entered into between one of the co -owners, namely, Maniklal Mullick and the present defendant No. 1 in respect of the concerned premises and certain specific conditions concerning the lease were narrated in that indenture.
(3.) For the purpose of this application the relevant conditions are those contained in Clause 2(x) as well as Clause 4(b) which are set out is under - "2(x) Not to transfer and assign this Lease or the demised premises or any buildings erected thereon in any way without the previous consent in writing of the Lessor. 4(b) The Lessee shall be at liberty to sublet the demised premises or any portion thereof or any buildings or structures to be erected by the Lessee or any part thereof without the consent of the Lessor but notwithstanding creation of such subletting the Lessee shall not cease to be subject to any of its liabilities under these presents.";