JUDGMENT (CAV)

Mohit Kumar Shah, J.—The present writ petition has been filed for setting aside the order dated 18.12.2012 passed by the learned court of Sub-Judge II, Munger whereby and whereunder the application of the intervenor, namely, Prahlad Prasad Bhagat under Order 1 Rule 10 of the Code of Civil Procedure, 1908 has been allowed and the said Prahlad Prasad Bhagat has been directed to be arrayed as separate category defendant (performa defendant).

2. The brief facts of the case are that an agreement dated 23.2.1987 was prepared by the Respondent no. 2 herein, namely, Dr. Vijay Kumar Bhagat wherein it had been recited that he has received a sum of Rs. 2,95,340/- from Sri Krishna Mohan Bhagat i.e. the petitioner herein for sale of residential building and the rest amount will be paid at the time of registry. It was further stipulated in the said agreement that in case of non-payment or refusal to purchase building, the aforesaid amount shall be returned to the petitioner and the building would be sold to another person.

3. It appears that subsequently, the respondents first party herein did not execute the sale deed upon receipt of the balance amount of sale consideration on one