MOHINDER KAUR Vs. SUDARSHAN KRISHNAMURTHY

JUDGEMENT

(1.) ADMIT. Shri Panna Lal Suri is the owner of the land in dispute about which there was an agreement of sale with Smt. Sudershan Krishna Murthy and Dr. B.S. Krishna Murthy. Smt. Sudershan Krishna Murhty and Dr. B.s. Krishna Murthy filed a suit for specific performance against Shri Panna Lal Suri, but while the suit for specific performance was pending Shri Panna Lal Suri agreed to sell 7/8th share of the same property to Smt. Mohinder Kaur. Soon after the agreement was entered into by Shri Pana Lal Suri in favour of Smt. Mohinder Kaur, Smt. Mohinder Kaur moved an application under Order I Rule 10 read with Order 22 Rule 10 and Section 151 of the Code of Civil Procedure for impleading her as a co-defendant in suit to safe-guard her interest on the basis of the agreement of sale referred to above. The said application was opposed by the plaintiff and a Learned Single Judge of this Court by order dated 29th July, 1991 dismissed the application saying that she was neither necessary nor proper party for the suit. Reliance was made to Narayan Chandra Garai vs. Matri Bhandar Pvt. Ltd., AIR 1974 Calcutta 358 in taking the view.

(2.) THE name of Smt. Mohinder Kaur be added as a defendant in the suit without asking the plaintiff or the defendant. If necessary, any of the parties can file the amended memo of parties in the suit without delay.