SHREE CHANDRASHEKHAR
Subhendu Basu – Appellant
Versus
Sumitra Singh – Respondent
The petitioners have filed an affidavit showing compliance of the order dated 29.10.2018.
2. The petitioners, who are plaintiffs in Title Suit No.64 of 2002, are aggrieved of order dated 16.02.2018 by which the application under Order I Rule 10(2) CPC for impleadment of the respondent nos.7 to 10 has been allowed.
3. Mr. R.R. Tiwary, the learned counsel for the respondent nos.7 to 10 submits that by virtue of the agreement to sale dated 04.10.2010 these respondents have acquired a valuable interest in the suit schedule properties and while so, their presence in the suit is necessary.
4. Title Suit No.64 of 2002 has been instituted for specific performance of the agreement to sale dated 10.09.2001 and for a decree directing the defendants to execute a sale-deed in favour of the plaintiffs in respect of the suit land. During pendency of the suit, the plaintiffs filed an application under Order XXXIX Rule 1 and 2 CPC in which an interim order was passed on 07.05.2002. The defendant no.2 filed his written-statement on 16.01.2004 and on 28.07.2011 an application under Order I Rule 10(2) CPC was filed for impleadment of the present respondent nos.7 to 10; it was pressed on 11.01.201
Marirudraiah & Ors. vs. B. Sarojamma & Ors.
Razia Begum vs. Sahebzadi Anwar Begum &Ors.” AIR 1958 SC 886—Relied.
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