Judgment :-

M.Y. Eqbal, J.

Leave granted.

2. This appeal is directed against the order passed by the division bench of the High Court of Delhi in FAO No. 295 of 2008 affirming the order of the Single Judge and rejecting the petition filed by the appellant under Order 1 Rule 10 of CPC for impleadment as defendants in a suit for specific performance of contract being Suit No. 3426 of 1991 filed by plaintiff-Respondent No.1.

3. Although the case has a chequered history, the brief facts of the case can be summarized as under :-

4. Mrs. Lakhbir Sawhney, Respondent No. 2 and son Mr. H.S. Sawhney, the predecessor of Respondent No. 3 (a) to (d) were the owners of the property known as “Ojha House” / “Sawhney Mansion”, F-Block, Connaught Place, New Delhi. (These respondents shall be referred as “the Sawhneys” for the sake of convenience). M/s Nanak Builders and Investors Pvt. Ltd., Respondent No.1 is the plaintiff in the Suit. The plaintiff-Respondent No.1 filed a suit in the High Court of Delhi being Suit No. 3426 of 1991 against the defendants-respondents Sawhneys’ for a decree for specific performance of agreement. The case of the plaintiff-respondent is that on 29.05.1986 the defendant-respo