VITHABAI G GHODAKA Vs. UNITED WESTERN BANK LIMITED

JUDGEMENT

(1.) THIS application is by the impleading applicant Sri Mukesh under order 1, Rule 10 (2) read with Section 151 of the CPC to implead as respondent 3 in the present proceedings.

(2.) IT is the case of the petitioner that in the Ex. P. No. 229 of 1988, he purchased the property of the judgment-debtor by depositing an amount of Rs. 10,50,000/- and also that a Sale Certificate has been issued in his favour. As against the Sale Certificate issued, the petitioner has filed c. R. P. No. 4029 of 2001 in which the impleading applicant has been arrayed as respondent 3 in the said proceedings. Therefore, he is a proper and necessary party in this petition, as he has an interest in the property. Accordingly, prayed to allow the application by impleading him as respondent 3.

(3.) THE petitioner filed objection statement stating that the impleading applicant was not a party in the execution proceedings and further to the application filed before the lower Court for setting aside the dismissal of the execution petition. It is only in the execution petition which ad been dismissed for non-prosecution and has been restored to file. Therefore, the impleading applicant cannot be impleaded as a party in the above petition, though he is an auction purchaser. Accordingly, prayed to dismiss the petition.