JUDGMENT :

Dr. A.K. Rath, J.

This petition challenges the order dated 05.07.2016 passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in T.S. No. 253 of 1992. By the said order, the learned trial court rejected the application of defendant no.2 (b) under Order 1 Rule 10 C.P.C. to implead one Sumitra Prusty, a stranger to contract.

2. Opposite party no.1 as plaintiff filed the suit for specific performance of contract impleading one Narayan Birabar Samanta as defendant. During pendency of the suit, the defendant died. Thereafter, the legal heirs of defendant were substituted. While the matter stood thus, the defendant no.2(b) filed an application under Order 1 Rule 10 CPC to implead one Sumitra Prusty. The same was rejected.

3. The question does arise as to whether the third party in a suit for specific performance of contract, a stranger or third party to contrat is a necessary or proper party ? The subject-matter of dispute is no more res integra.

4. This Court in the case of Manmohan Sahu Vrs. Ashis Kumar Mandal and others, 2016(II) OLR-128, held thus :

“6. This is not a virgin ground in so far as the question is concerned. The subject-matter of dispute is no more re