ORDER

1. Leave granted.

2. In a suit for specific performance of the alleged agreement of sale dated 10.4.1977 instituted by the petitioner against Respondent No.1 with a further prayer for grant of a decree of permanent injunction restraining Respondent Nos.1 to 9 herein from interfering with his possession, trial court allowed the application filed by Respondent No.10 under Order 1 Rule 10 of the Code of Civil Procedure, 1908 and granted her prayer for impleadment as a defendant. The petitioner unsuccessfully challenged the order of the Trial Court by filing writ petition before the Orissa High Court and then preferred petition for special leave to appeal.

3. Notice has been served upon Respondent No.10 but she has not appeared either in-person or through an advocate to contest the prayer made in the appeal.

4. We have heard learned counsel for the appellant and Respondent Nos.1, 2, 4, 5, 8, and 9.

5. It is not in dispute that the petitioner filed suit in the year 1979 for specific performance of the alleged agreement of sale dated 10.4.1977. In that suit, the only scope of enquiry would be as to whether the said agreement was, in fact, executed between the petitioner and Responden