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2011 Supreme(Raj) 1426

MAHESH BHAGWATI
Ambeshwar Grih Nirman Sahakari Samiti Ltd. – Appellant
Versus
Babu Lal – Respondent


Advocates Appeared
Sudesh Bansal, for Petitioner;
M.M. Ranjan Senior Counsel with Arun P. Singh, for Respondents

Hon'ble BHAGWATI, J.—Reportable Challenge in the instant writ petition is to the order dated 17th August, 2007, whereby the learned District Judge, Jaipur City, Jaipur, dismissed the application of the petitioner-plaintiff filed under Order 1 Rule 10 of CPC read with Section 151 of CPC.

2. Having considered the submissions made by the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that the petitioner-plaintiff filed a suit for specific performance of contract against the respondents-defendants. The respondents-defendants filed the written statement of defence and in Para 1 whereof, it was stated that out of total land in question, 3 bigha and 1.5 biswa land, had already been sold to the society Bhankrota Grih Nirman Sahakari Samiti Ltd. (hereinafter referred to as 'the Society') by their predecessor Kalu Ram on 1st May, 1995. Having come to know about the fact of the said sale to 'the Society', the petitioner-plaintiff filed an application under Order 1 Rule 10 of CPC, imploring the court to allow him to implead 'the Society' as party defendant. The learned trial court dismissed the application, hence, this writ petition.

3. Learn












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