JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 9781/2024 (for exemption)

1. Allowed, subject to just exceptions.

2. Accordingly, this application is disposed of.

FAO(OS) 24/2024 & CM APPL. 9780/2024, CM APPL. 9782/2024

3. The present appeal has been filed under Section 10 of the Delhi High Court Act, 1966, impugning the Judgment dated 05th January, 2024 passed by a learned Single Judge of this Court in I.A. No. 1757/2022, in CS(OS) No. 1511/1991, whereby the application filed by the Appellant i.e., plaintiff no.6 under proviso to Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (`CPC') for setting aside of the Decree dated 25th January, 2019, has been dismissed.

3.1. The Appellant/plaintiff no.6 along with other plaintiffs/Respondent Nos. 1 to 5 filed the underlying suit for Specific Performance on 7th May, 1991, seeking performance of the Agreement to Sell (`ATS') dated 14th September, 1990. The Appellant on 05th January, 1991 had nominated Respondent No.2/plaintiff no.2 as the purchaser and requested the sellers to execute the sale deed of his share in favour of the said Respondent No.2/plaintiff no.2. Accordingly, the Appellant was impleaded only as a proforma party to