JPD -15 Ct No.01

01.08.2025 (sss)

Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CO 143 of 2025 Sri Dilip Kumar Agarwal Vs.

Omur Serif and Anr.

Mr. Partha Pratim Roy, Mr. Debasish Mukhopadhyay, Ms. Srishti Sarkar …For the petitioner.

1. The present challenge has been preferred against the rejection of an application of the petitioner for the petitioner to be impleaded as a party to a suit for specific performance of contract filed by the opposite party nos. 1 and 2 against the opposite party nos. 3 to 9.

2. Learned counsel for the petitioner argues that the learned Trial Judge acted without jurisdiction in refusing the amendment application on several counts.

3. In the suit for specific performance, it is submitted, an agreement has been pleaded and sought to be directed to be performed, which covers the entire property, to which the present petitioner claims ownership rights.

4. Hence, it is argued that if the suit for specific performance is decreed and a sale deed is executed in terms of the agreement, as an automatic corollary, the possession of the petitioner would be disturbed. Thus, the petitioner has a cause of action for impleadment in the present suit.

5. S