Sanjeev Prakash Sharma, J.

The petitioner by way of this writ petition challenges the order dated 15.02.2017 passed by Civil Judge & Judicial Magistrate, Ist Class, Kekri District Ajmer whereby the application under Order 1, Rule 10 CPC filed by respondent No. 4 was allowed and respondent No. 4 was impleaded as a party to the suit.

2. Learned Counsel for the petitioner submits that the plaintiff-petitioner had preferred a suit for specific performance for seeking implementation of the agreement dated 31st July 2007 entered into between her and defendant-respondent No. 1. Respondent No. 4 who has been impleaded as a party is a stranger to the agreement. Learned Counsel relies on the law laid down by the Apex Court in AIR 2005 Supreme Court Cases 2813; Kasturi v. Iyyamperumal & Ors. wherein while examining the provisions of Order 1, Rule 10 CPC and in relation to a suit for specific performance, it was held as under :-

"6. In our view, a bare reading of this provision namely, second part of Order 1, Rule 10 sub-rule (2) of the CPC would clearly show that the necessary parties in a suit for specific performance of a contract for sale are the parties to the contract or if they are