J. ESWARA PRASAD, J.

( 1 ) THE petitioner sought to be impleaded as the 2nd defendant in a suit filed by the first respondent against the 2nd respondent for specific performance of an agreement of sale said to have been executed by the 2nd respondent in favour of the first respondent. The said petition was dismissed by the court below and the petitioner has filed the present revision against the said order.

( 2 ) THE first respondent filed the suit for specific performance of an agreement of sale said to have been executed by the second respondent. The petitioner sought to be impleaded as a party to the suit on the ground that the 2nd respondent executed a registered mortgage deed in respect of the said property in his favour. The Court below dismissed the application holding that the petitioner is neither a proper nor a necessary party to the suit. The learned counsel for the petitioner relied on Razia Begum vs. Anwar begum, Khaja Abdul Khader vs. Mahabub Saeb and Gyaneshwar Rao vs. Mahmood Shareef and contended that judicial discretion vested in the court under Order 1 Rule 10 CPC should be exercised properly and that since the petitioner is the mortgagee of the suit property, he

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