SUBHASH SETHI Vs. SHANTI LAL BHATIA

JUDGEMENT

(1.) The applicant M/s. SLBS Ispat Udyog Pvt. Ltd. seeks impleadment by application under Order 1 Rule 10 CPC (I.A. 9442/2007) in the above suit for specific performance, filed against the first defendant. The other application I.A. 9443/2007 is for ad interim injunction.

(2.) The brief facts necessary to decide these applications are that in the suit a decree for specific performance in respect of property being 11/5, Shakti Nagar, Delhi measuring 220 sq. yds. has been sought. The plaintiff relies upon an agreement to sell said to have been entered into on 08.09.2004 The suit averments are that the total consideration agreed upon was Rs. 70,00,000/- of which the plaintiff avers to having paid Rs. 15,00,000/- to the first defendant. The plaintiff further avers that the State Bank of India which was originally impleaded as the second defendant was mortgagee in respect of the suit property and the first defendant vendor was liable to it to the extent of Rs. 79,21,000/-.

(3.) The suit was contested by both defendants. During the pendency of proceedings, the plaintiff entered into settlement with the second defendant.