JUDGMENT

R.B. Deo, J. - Rule. Rule made returnable forthwith.

2. With consent of learned counsel appearing for the parties, the petition is heard finally.

3. The petitioner is assailing the order dated 21-12-2020 rendered by learned 12th Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit 306/2019, whereby the application preferred by the petitioner under Order I Rule 10 of the Code of Civil Procedure (CPC), to implead respondents 2 and 3 as defendants, is rejected.

4. Considering the limited issue arising, only few facts may be noticed. The petitioner, who shall be referred to as the plaintiff and respondent 1 (defendant) entered into an agreement to sell dated 11-7-2016 where under the defendant agreed to sell in favour of plaintiff residential construction on land admeasuring 52.59 sq.mtrs. bearing City Survey 531, for total consideration of Rs. 1,16,00,000/- (Rupees One Crore Sixteen Lakhs).

5. The plaintiff avers that he paid the defendant Rs. 30,00,000/- (Rupees Thirty Lakhs) as part consideration, as on the date of execution of the agreement and subsequently paid further amount of Rs. 10,00,000/- (Rupees Ten Lakhs).

6. In a nutshell, the case of the plaintiff is that