T.S.THAKUR, ADARSH KUMAR GOEL
BALURAM – Appellant
Versus
P. CHELLATHANGAM – Respondent
JUDGMENT
ADARSH KUMAR GOEL, J.
1. Leave granted.
2. These appeals have been preferred against Orders dated 24th November, 2011 and 18th September, 2012 passed by the High Court of Madras, Bench at Madurai in C.R.P. No.2610 of 2010 and in Review Application No.1 of 2012 in C.R.P. No.2610 of 2010 respectively.
3. The question raised for our consideration is whether the High Court was justified in reversing the Order of the trial Court allowing the prayer of the appellant to be added as a party in a suit for specific performance filed by Respondent No.1-plaintiff.
4. Case of the plaintiff in O.S. No.3 of 2007 filed in the Court of District Judge, Kanyakumari, is that K. Jagathees and R. Subbaram Babu @ Subbaram, Respondent Nos.2 and 3 respectively (original defendants in the suit) acting as trustees of “Subbaiah Paniker Family Welfare Trust” (for short “the Trust”) entered into the agreement dated 9th December, 2003 to sell the suit property in favour of the plaintiff. The price of the property was settled at Rs.22,000/-per cent. A sum of Rs.1 lakh was received as advance. The plaintiff was ready and willing to perform his part of the contract but the defendants failed to execute the
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