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2000 Supreme(All) 760

P.K.JAIN
SUNIL KHAN – Appellant
Versus
ANUPAM HOUSING (P. ) LTD. – Respondent


Advocates Appeared:
B.D.Mandhyan, Dilip Gupta

P. K. JAIN, J.

( 1 ) THIS revision is directed against the judgment and order dated 16. 7. 1998, passed by the Civil judge (Senior Division), Agra in Suit No. 306 of 1998 whereby the application of the revisionist for impleadment as defendant was rejected.

( 2 ) THE plaintiff opposite party No. 1, Anupam Housing Private Limited, filed suit against U. P. Industrial Corporation Limited and Agra Development Authority for decree of specific performance of the contract as described in the relief clause and for future compensation/damages as may be granted by the Court. During the pendency of the said suit, the revisionist moved an application, under Order I, Rule 10, C. P. C. , for impleadment as defendant on the ground that the defendant No. 1, had auctioned the plot in question to the applicant by auction dated 30th March, 1998, by accepting highest bid made by the applicants. The applicants bid was for Rs. 95 lacs. The bid has not yet been rejected and 25% of the amount of contract consideration has been realized from the applicants. The applicants being bona fide highest bidders are entitled to the execution of the lease-deed in their favour. The bid of the plaintiff was not accepte





















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