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2015 Supreme(P&H) 125

BHARAT BHUSHAN PARSOON
Parminder Kaur – Appellant
Versus
Shamsher Singh – Respondent


Advocates:
For the Petitioner:Mr. R.S. Chauhan, Advocate.
For the Respondent No.2:Mr. L.S. Sidhu, Advocate.

JUDGMENT

Dr. Bharat Bhushan Parsoon, J.: - A suit for specific performance of contract dated 9.11.2009 filed by plaintiff Smt. Parminder Kaur, petitioner herein, against defendant Shamsher Singh, respondent herein, is pending adjudication before Additional Civil Judge (Senior Division), Moga. During the pendency of said suit, application under Order I Rule 10(2) read with Section 151 CPC for impleadment of Harwinder Pal Singh was filed by him. Notwithstanding objection raised by the plaintiff, petitioner herein, finding merit in the application, the same was allowed by the lower court vide order dated 25.7.2013, which order is under challenge in this revision petition.

2. Counsel for the petitioner seeking support from Bharat Karsondas Thakkar Versus M/s Kiran Construction Co. and others [2008(5) Law Herald (SC) 3067] : 2008(2) Civil Court Cases 561 (SC) has urged that in a suit for specific performance in terms of Section 15 of the Specific Relief Act, 1963, a stranger to an agreement of sale cannot be impleaded as a party to the suit.

3. Counsel for the respondent-applicant, on the other hand, has urged that the applicant, impleaded as a defendant, is neither a stranger nor alien










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