RAJIVE SAWHNEY Vs. DEVIKA MEHRA

JUDGEMENT

(1.) The present application has been filed under Order I Rule 1, 8(A), 10 and 10(A) read with Sec. 151 of Code of Civil Procedure, 1908 ("CPC") on behalf of Mr. Atul Malik, Mrs. Geetika Malik, Mr. Satender Malik and Mrs. Anuroop Malik, praying for their impleadment in the present suit.

(2.) The applicants have prayed for their impleadment in the present suit on the ground that the plaintiffs entered into an Agreement to Sell dtd. 6/10/2017 with the applicants with respect to the property, i.e., agricultural farm land, admeasuring 2.5 acres, bearing Khasra Nos. 744, 745, 747 and 748 known as Farm No. 26, Shivji Marg, Westend Greens, Village Rangpuri, New Delhi ("suit property"), pursuant to which, the possession of the suit property has been handed over to the applicants vide Possession Letter dtd. 24/3/2018. Thus, as per the applicants they are proper and necessary parties in the present suit, since any decision in the present suit will have impact on the right and title of the applicants in the suit property.

(3.) The present application has been vehemently opposed by the plaintiffs as well as the defendant on the ground that the plaintiffs have not claimed any relief against the applicants in the present suit, and the applicants have no privity of contract in the purported Agreements to Sell executed by the defendant's mother in favour of the plaintiffs. Further, impleadment of the applicants shall enlarge the scope of the suit, as the Court would have to adjudicate two independent causes of actions, one between the plaintiffs and the defendant, and the other between the plaintiffs and the applicants.