K. K. LAHOTI, J. :- This petition is directed against an order dated 28-1-2009 by C the 1st Additional District Judge. - Hoshangabad in Civil Suit No. 34-A/2006. by which an application filed by petitioner under Order 1. Rule 10 read with Section - 151. CPC dated 11-11-2008 was rejected.

2. Learned counsel for petitioner submitted : "

(a) That the petitioner was necessary party in the suit filed by respondent No. 1 against respondent No.2.

(b) That the petitioner along with respondent No.2 entered into a contract to purchase the disputed premises for a consideration of Rs. 90,000/-. Out of this, Rs. 45,000/- were paid by the petitioner and in part performance of the contract petitioner was in possession of the suit premises. In the aforesaid circumstances, when a suit for eviction was filed by respondent No. 1 against respondent No.2, to protect the interest of petitioner, it was necessary to implead him as defendant.

(c) That there was collusion between respondent Nos. 1 and 2 so it became necessary for the petitioner to implead him as party .

(d) The petitioner placed reliance to the Apex Court judgment in D. S. Parvathamma v. A. Srinivasan (AIR 2003 SC 3542) : (2003) 4 SCC 7