JUDGMENT

Anil Kumar, J.(Oral)

IA No. 6477/1993

1. This is an application by the plaintiff/applicant under Order 1 Rule 10 of the Code of Civil Procedure for impleading Sh. Arun Kumar Jain, s/o. Shri Bimal Pershad Jain, r/o. D-1083, New Friends Colony, New Delhi, karta of Bimal Pershad Jain & Sons, HUF.

2. Plaintiff contended that he has filed suit for specific performance of agreement to sell dated 19.1.1983 in relation to property bearing Municipal Nos.F-7/1 to 4 and F-7/8 to 11 ad measuring 9790 sq. feet. The plaintiff contended that the cause of instituting the suit for specific performance arose on 18.2.1992 when defendant No. 1 issued the notice allegedly terminating the agreement to sell.

3. The plaintiff, therefore, filed the suit for specific performance making Sh. Bimal Pershad Jain as defendant No. 2 (ii) as party to the suit in the plaint dated 15.12.1992. After the institution of the suit the notices were issued to the defendants. On the summons issued, from the service report dated 2.4.1993, it transpired that Sh.Bimal Pershad Jain had expired even before the institution of the suit on 3.8.1991.

4. The plaintiff applicant contended that despite due diligenc