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2016 Supreme(Ori) 390

AKSHAYA KUMAR RATH
Manmohan Sahu – Appellant
Versus
Ashis Kumar Mandal – Respondent


Advocates Appeared:
For the Appellant :D.P. Mohanty, Advocate

JUDGMENT :

Akshaya Kumar Rath, J.

1. The sole question that hinges for consideration is as to whether in a suit for specific performance of contract for sale of the property, a stranger or a third party to a contract can be added as a defendant? Opposite party No. 1 as plaintiff instituted C.S. No. 628 of 2004 in the court of the learned Civil Judge (Senior Division), Balasore for specific performance of contract impleading opposite parties 2 to 10 as defendants. The present petitioner filed an application under Order 1 Rule 10 CPC for impleadment. It is stated that the suit schedule property was originally acquired by the American Baptist Foreign Mission in the year 1891 for utilisation of the same for educational, religious and social development of the members of Baptist communities of Balasore. In course of time, several educational institutions had been established by the missionaries on and around the suit land for imparting education particularly Baptist communities. In the record-of-right of the sabik settlement of the year 1927, the suit land and the other adjoining lands were recorded in the name of American Baptist Mission, which is the registered company of the U.S.A. No







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