Adarsh Kumar Goel, J. - Respondent No. 1 filed a suit for specific performance. During pendency of the suit, an application was filed for impleading some more defendants to whom suit land was transferred by the defendant during pendency of the suit by way of a collusive decree. The said amendment has been allowed. Hence, this petition.

2. Learned counsel for the petitioner submitted that earlier application under Order 1 Rule 10 CPC had been dismissed. Copy of the order dismissing earlier application has not been shown. In absence thereof it is not clear as to under what circumstances the earlier application was dismissed.

3. Learned counsel for the petitioner referred to decision of the Apex Court in Anil Kumar Singh v. Shivnath Mishra, 1995(3) SCC 147 wherein the Apex Court dismissed SLP against an order refusing to impleaded a person in whose favour a collusive decree was passed during pendency of the suit for specific performance. A close examination of the said judgment shows that no rule of law is laid down that court has no jurisdiction to implead a transferee to the suit property as party. In para 7, it was observed that "to bring a person as party defendant is not