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2015 Supreme(Raj) 2098

P.K.LOHRA
Nand Kishore – Appellant
Versus
Shantilal Gokhru – Respondent


Advocates:
For the Petitioners:Anand Purohit, Sr.Advocate assisted by Shivani Vyas, Advocate.

JUDGMENT

1. - Petitioners have preferred this writ petition under Articles 226 & 227 of the Constitution of India to challenge the impugned order dated 17.10.2015 (Annex.6) passed by the learned Additional District Judge No.3, Bhilwara (for short 'the learned court below') whereby learned court below has rejected their application under Order I Rule 10 read with Section 151 CPC for being impleaded as party-defendants in a suit for specific performance of contract laid by the first respondent-plaintiff.

2. The bare necessary facts for the purpose of this writ petition are that respondent-plaintiff instituted a civil suit for specific performance of contract against the second respondent-defendant seeking enforcement of agreement to sale dated 24.12.2009 allegedly executed by the second respondent-defendant in favour of the respondent-plaintiff for the suit property. It is, inter alia, averred in the suit that second respondent agreed to sell the suit property to the respondent-plaintiff which was purchased by his father Ratanlal Kathed in open auction and after death of his father having derived title as sole legal heir, he was authorised to alienate the property. In the agreement to








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