RAVI PRAKASH SHARMA Vs. SATYADEV PANDEY AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the Petitioner and the learned counsel for the contesting Respondent Nos. 1 and 2.

(2.) Respondent Nos.1 & 2 instituted a suit for specific performance of a contract for sale. On the basis of an application made by the plaintiff under Order, 1 Rule 10(2) of the Code of Civil Procedure, the Petitioner herein was impleaded as additional third Defendant. He filed written statement pleading that he is also a party to the agreement. It is submitted that the plaintiffs had also filed further pleading.

(3.) According to the Petitioner, he filed an application invoking the power of the trial Court under Order 14, Rule 5 of the CPC requesting the trial Court to frame an additional issue in relation to the pleadings of the third Defendant/writ petitioner. That has been dismissed. This is challenged invoking Article 227 of the Constitution.