BHARAT BHUSHAN PAHWA Vs. METAL FOREIGN PVT. LTD.

JUDGEMENT

(1.) I.A. No. 13641/2007

(2.) THIS application under Order 1 Rule 10 Code of Civil Procedure seeks impleadment (of the third party applicant) on the ground that the proposed Defendant had entered into an agreement with the first Defendant vendor, in respect of the property on 03.11.2004; a copy of the said agreement has been enclosed with the application.

(3.) LEARNED senior counsel for the applicant argues that the observations in Kasturi (supra) clearly support the application. It is pointed -out that a careful reading of the said judgment, particularly, paras 6, 7, 13 and 14 disclose that it is only the third parties or strangers, who set -up title adverse to the original vendors who are not permitted to implead themselves in specific performance suits. In other instances, points -out the learned senior counsel, the third party (to the agreement for specific performance) is a necessary and proper party, whose rights have to be adjudicated, any determination in the suit is likely to have an impact on his rights in the subsequent contract.