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2015 Supreme(Raj) 313

J.K.RANKA
Kuldeep Singh Rathor – Appellant
Versus
Jalam Singh – Respondent


Advocates:
Advocate Appeared:
Mr. JP Gupta, counsel for the petitioners
Mr. Pankaj Sharma on behalf of Mr. Deepak Asopa, counsel for the respondent No.1/1 to 1/7.
Mr. Amit Kuri, counsel for the respondents No. 6 to 8.

JUDGMENT :

1. Instant writ petition is directed against order dt.25/02/2015 whereby the Court of Additional District Judge No.3, Beawar has rejected the application of the petitioners under Order 1 Rule 10 read with Section 151 CPC for impleading them as parties-respondents in the Suit No.21/2012, titled as Jalam Singh & ors. Vs. Moti & ors.

2. Ld. counsel for the petitioners submitted that the trial court committed a grave error in rejecting the application of the petitioners. The petitioners were necessary and proper parties and ought to be impleaded as defendants in the suit. He contended that the suit for specific performance is a product of conspiracy between the plaintiffs-respondents and the defendants-respondents and the suit property vests in the petitioners by virtue of registered sale deed dt.19/09/2014 executed by the defendants-respondents in furtherance of agreement dt.07/10/2009. Thus, according to the ld. counsel, the petitioners, being owners of the suit property, were necessary and proper parties and without their presence, the controversy in the suit could not have been resolved. In support of his submission, counsel relied upon the judgments rendered in the case





























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