Hon’ble Sudhir Agarwal, J.—This defendant’s appeal has arisen from judgment and decree dated 17.5.2006 and 25.5.2006, respectively, passed by Sri Salim Ahmad Khan, Additional District Judge, Court No. 6, Agra in Original Suit No. 306 of 1995 decreeing aforesaid suit and directing Defendants-1 and 2 to execute sale-deed enforcing agreement dated 23.6.1993 in favour of Plaintiff-3 who is nominated by Plaintiffs-1 and 2, within two months since they have already paid entire outstanding dues of Punjab National Bank (hereinafter referred to as “Bank”) in Original Suit No. 458 of 1986, failing which execution of decree shall be made by getting sale-deed executed by Court. Defendant-2 in suit is the appellant before this Court.

2. Original Suit No. 306 of 1995 was instituted in the Court of Civil Judge, Agra by two plaintiffs, i.e., M/s. Unjha Ayurvedic Pharmacy and Sri Nitin Shah. Subsequently by filing an application under Order 22 Rule 10 in January, 2006, Plaintiff-3, Sri Arvind Kumar Bajaj was sought to be impleaded on the ground that a deed of assignment was executed by Plaintiffs-1 and 2 in favour of Sri Arvind Kumar Bajaj on 10.9.2004. Court allowed application and Sri Arv