The question that arises for consideration in this Writ Petition is, as to whether the Court below was justified in allowing the application of the respondent nos. 1 [a] to 1 [f] under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), for being added as defendants in their individual capacity, despite the fact that they were already brought on record as legal representatives of the deceased original defendant no.1.

2. The petitioner had filed suit for specific performance against the deceased defendant no.1 i.e. predecessor of respondent nos. 1 [a] to 1[f] in respect of agreement dated 11-11-2009, executed by the said deceased defendant no.1 in favour of the petitioner, in respect of the suit property. It was stipulated in the said agreement that Sale Deed would be executed on 27-04-2011. As the said defendant failed to execute Sale Deed in terms of the said agreement, the petitioner was constrained to file suit for specific performance.

3. In the said suit, the deceased defendant filed his written statement opposing grant of decree. In the specific pleadings taken in the written statement, the deceased defendant also stated that the suit property was ancestral pr