Dr. Bharat Bhushan Parsoon, J. - (1.) A suit for possession by way of ejectment of the defendants from the demised premises and for recovery of arrears of rent with effect from June 2007 to September 2007 and for damages as well as mesne profits w.e.f. 1.10.2007 with interest thereon @ 9% etc. is pending adjudication before the Civil Court at Panchkula since 2007. The written statement was preferred by the defendant on 21.12.2007. Replication was filed on 24.3.2008. During the pendency of the suit, premises in dispute were sold by the plaintiff to M/s. 21st Century Steel Structure Private Ltd., Panchkula. It was vide sale deed (Annexure -P5) of 2.6.2009. Vide an application moved under Order I Rule 10 and Order XXII Rule 10 Rule read with Section 151 CPC for impleadment of subsequent purchaser i.e. M/s. 21st Century Steel Structure Private Ltd. that vendee was transposed as plaintiff No. 2.
(2.) WHEN the vendee was transposed as plaintiff No. 2, it preferred not to file any independent pleadings and rather stepping into the shoes of its vendor i.e. plaintiff No. 1, filed only amended title. After purchase of the property by plaintiff No. 2 (now respondent No. 2) the tenants (now petitioners), started paying rent to it and continued paying the same since June, 2009 to August 2010. Thereafter, the rent had been paid in the Court in terms of provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act). Taking transposition of the subsequent vendee as plaintiff No. 2 as a new development during proceeding of the suit, the defendants made an application under Order VI Rule 17 CPC for amendment of their written statement raising objection to locus standi of the newly transposed plaintiff No. 2 to maintain the suit. Other incidental and ancillary matters had also been sought to be introduced by way of amendment in the written statement.
(3.) VIDE impugned order dated 19.5.2014, this request of the petitioners/defendants for amendment of their written statement was declined.;