Judgment

M. Jagannadha Rao, J. - Leave granted.

2. This is an appeal against the judgment of the Gujarat High Court dated 2.3.1998 dismissing C.R.A. No. 1342/96 filed under Section 115 of the Code of Civil Procedure. By that judgment, the order of the trial Court dated 1.8.1996, dismissing an application filed by the appellant under Order 1 Rule 10, Section 146 and Order 22 Rule 10 CPC for impleadment as a plaintiff in the suit, was confirmed.

3. For the purpose of appreciating the questions raised before us, it is necessary to state the following facts:

The appellant is a third party to the Suit No. 1761 of 1988 which was pending before the City Civil Judge, Ahmedabad. The suit was filed by a builder, one Amrit M. Patel, who was the predecessor-in-interest of respondents 1A to 1C, against three defendants, viz (1) Arjun Bhai Jayanti Lal Parikh (2) Nirmalaren Arjunbhai Parikh and (3) Indrajit Arjunlal Bhai Parikh (predecessors-in-interest of Respondents 2A to 4). The relief claimed was for specific performance of an agreement dated 4.2.1982 executed by the three defendants-owners of the property (hereinafter called the ‘owners’) in favour of the said Amrit Mohan Lal Patel (Plaintiff) (