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