JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 1.12.2018 passed by the learned Senior Civil Judge, Chatrapur, Ganjam in Civil Suit No.25 of 2018, whereby and whereunder, learned trial court has rejected the application of the petitioner for impleadment.

2. The plaintiff-opposite party no.1 instituted the suit for specific performance of contract impleading opposite party no.2 as defendant. The defendant filed written statement. While the matter stood thus, the petitioner filed an application under Order 1 Rule 10 CPC to implead him as a party. It was stated that he entered into one agreement for sale with the defendant. He is a necessary party to the suit. In view of the same, he may be impleaded as a party.

3. Heard Mr.Arijeet Mishra, learned Advocate for the petitioner.

4. The sole question that falls for determination before this Court as to whether in a specific performance of contract, 3rd party is a necessary or proper party ?

5. The subject of matter is no more res integra. An identical matter came up for consideration before this Court in the case of Monmohan Sahu Vs. Ashis Kumar Mandal & others, (2016) 2 OrissaLR 128. This Court held:

"6. This is not a virgin g