JUDGMENT

DINESH KUMAR SHARMA, J.

I.A. 3411/2021

1. The present application has been filed under Order 2 rule 3 & 4 read with Section 151 CPC seeking permission to unite the cause of action against both the defendant and relief against both of them by filing a comprehensive suit.

2. The case of the plaintiff is that defendant No.1 who is the wife of defendant No.2 on the basis of General Power of Attorney executed an agreement to sale in respect of D-31, Ansal Villas, Satbari, Chhatarpur, New Delhi-110074 and the constructive possession of the property was given. However, simultaneously, the plaintiff executed a sale deed in favour of defendant No.2 i.e. the owner and husband of defendant No.1. The case of the plaintiff is that the defendants neither performed the specific performance of the contract nor have they handed over the possession in terms of the lease deed executed between the parties.

3. The present application has been moved on the ground that the sale transaction between the plaintiff and defendant No.1 and the lease deed executed between the plaintiff and defendant No.2 were executed simultaneously. It has been submitted that the relief sought in the present case arises o