JUDGMENT

Being aggrieved by the order dated 3-9-12 passed by IX ADJ, Indore in Civil Suit No. 84-A/10 whereby application filed by petitioner under Section 151, CPC was dismissed, present petition has been filed.

2. Short facts of the case are that the petitioner filed a suit for specific performance alleging that the petitioner entered into an agreement to purchase the suit property from respondent No. 1, for which agreement was executed on 22-6-07. It was alleged that as per agreement, balance consideration was to be paid within a period of two months. It was alleged that before expiry of that period the respondent No. 1 sold the property to the respondent No. 2 on 3-8-07. It was alleged that the petitioner was always ready and willing to purchase the property, therefore, suit filed by the petitioner be allowed and respondents be directed to execute the sale deed in favour of petitioner. The suit was contested by the respondents. It was alleged on behalf of respondent No. 1 that prior to agreement dated 22-6-07, which was in favour of petitioner, the respondent No. 1 entered into an agreement to sale the suit property to the respondent No. 2, vide agreement dated 10-2-07 and posses