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2018 Supreme(P&H) 4391

AMIT RAWAL
Charanjit Singh – Appellant
Versus
Jaswant Singh – Respondent


Advocates Appeared:
Viren Jain, Advocate, for the Petitioner; Namit Gautam, Advocate, for the Respondent Nos. 2 o 5

JUDGMENT

Amit Rawal, J. (Oral) - As per office report, respondent No.1 has been served, but there is no representation on his behalf.

2. The short point involved in the present revision is whether by filing an application for impleadment of two persons, namely, Sudha Arora and Jagdeep Singh as defendant Nos.6 and 7, being subsequent vendees disclosed by defendant Nos.2 to 5, can be impleaded in a suit for specific performance of the agreement to sell or not.

3. Mr. Viren Jain, learned counsel appearing on behalf of the petitioner submitted that initially suit for specific performance of the agreement to sell in question was filed against Jaswant Singh defendant No.1. During the pendency of the suit, clients of Mr. Namit Gautam, who have already been arrayed as respondent Nos.2 to 5 being subsequent purchasers, disclosed further sale to the aforementioned persons. Once the aforementioned persons, vide separate application, have been allowed to be impleaded, there could not have been a possible objection for non-impleadment of the aforementioned persons in view of the ratio decidendi culled out by Hon'ble the Supreme Court in Thomson Press (India) Ltd. vs. Nanak Builders & Investors P

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