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2007 Supreme(P&H) 348

HEMANT GUPTA
Anil Kakria – Appellant
Versus
Surjit Singh Nalwa – Respondent


Advocates Appeared:
For the Petitioner:Mr. C.B. Goel, Advocate.
For the Respondents:Mr. Arun Jain & Mr. R.V.S. Chugh, Advocate.

JUDGMENT

Hemant Gupta, J. - The challenge in the present revision petition is to the order passed by the learned trial Court on 22.05.2006 whereby respondent Nos. 3 to 6 were impleaded as defendants in the present suit for specific performance arising out of an agreement of sale dated 29.04.2005.

2. It is the case of the respondent Nos. 3 to 6 that a separate suit for specific performance has been filed by the said respondents on the basis of an agreement of sale dated 22.08.2005. Respondent Nos. 3 to 6 filed an application under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 (hereinafter to be referred as "the Code") on the ground that the suit has been filed in collusion with the defendants and that too on the basis of forged documents. It is alleged that no sale agreement between the parties as is being alleged and the one being put up has been fabricated by them by colluding with each other.

3. It has further been pointed out that actually defendant Surjit Singh Nalwa agreed to sell the house in question to the applicants on the basis of an agreement dated 22.08.2005 at a price of Rs. 3 crores. A sum of Rs. 25,00,000/- was paid to him by bank draft and another sum of R








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