Shree Chandrashekhar, J. - (1.) Respondent Nos. 1 and 2 have not chosen to appear in spite of valid service of notice upon them which is recorded in order dated 21.11.2017.
(2.) Anxiety of the petitioner who is defendant in Eviction Suit No. 20 of 2009 is, that by virtue of the impugned order dated 30.04.2016 the plaintiff no. 3 - a subsequent purchaser by filing an application under Order VI Rule 17 C.P.C would transform the suit as the one for his own personal necessity.
(3.) Eviction Suit No. 20 of 2009 was instituted by Dileep Santhalia and his wife for ejection of the defendant from the suit schedule premises on the ground of personal necessity of plaintiff no.1. During pendency of the suit an application under Order I Rule 10(2) C.P.C was filed by Surya Commodities Pvt. Ltd. for its transposition as plaintiff in the eviction suit. Against the rejection of this application by an order dated 10.03.2011, Surya Commodities Pvt. Ltd. came to this Court in W.P.(C) No. 2243 of 2011. The writ petition stood allowed on 08.05.2015 holding that a valid title has accrued to Surya Commodities Pvt. Ltd. and therefore its addition in the pending proceeding is necessary. Consequently, Surya Commodities Pvt. Ltd. was transposed as plaintiff no.3 in Eviction Suit No. 20 of 2009. It filed an application under Order VI Rule 17 C.P.C for amendment in the plaint. One of the amendments sought in the plaint is deletion of paragraph no.12 in which the original plaintiffs have pleaded personal necessity for plaintiff no.1, by substituting personal requirement for Surya Commodities Pvt. Ltd. plaintiff no.3. It reads : "1. That in between para nos. 11 and 12 of the plaint, a new para 11(a) be inserted in the following manner "11(a) that plaintiff nos. 1 and 2 for legal necessity and on receipt of valuable consideration from plaintiff no.3 by virtue of registered deed of sale being no. 5264 dated 28.04.2010 transferred their part of property in Holding Nos. 212 and 213 of old Ward No. 14, new 12 of Hazaribag Municipality with all its assets and liability, which they acquired vide deed no. 11212 dated 29.09.2008, in favour of plaintiff no. 3 and put him in possession thereof except suit house (Schedule "A") which was in possession of defendant and accordingly plaintiff no.3 stepped to the shoes of plaintiff nos. 1 and 2." 2. That para 12 of the plaint be deleted and in its place; new para 12 be inserted in the following manner : "12 new That plaintiff no.3 is registered company registered under the Companies Act 1956 having its registered office at 14/2 Old China Bazar Street; 2nd floor Room No. 148, Kolkata700001, W.B. who intend to extend his branch office with house accommodation at Hazaribag town for which a vast areas is required, hence plaintiff no.3 is requiring Schedule "A" premises reasonably and in good faith for its personal use and occupation.";