ISHVARLAL GIRDHARLAL PABARI Vs. MANIBEN JASHBAI

JUDGEMENT

(1.) Rule. Learned advocate Ms Mini Nair waives service of rule for respondent No.2 and learned advocate Mr. Pratik Jasani waives service of rule for the respondent No.4.

(2.) By way of this petition under Article 227 of the Constitution of India, the petitioner challenges order dtd. 22/9/2021 passed by the learned 9th Addl. Senior Civil Judge, Jamnagar below application Exh.318 in Regular Civil Suit No.853 of 2002.

(3.) The facts required for deciding the controversy are briefly stated that the petitioner filed Regular Civil Suit No.853 of 2002 (Old Special Civil Suit No.116 of 1996) before the learned 9 th Addl. Senior Civil Judge, Jamnagar for the relief of specific performance in regards to the agreement to sell executed qua land bearing survey No.28/1 admeasuring 6 acre and 37 guntha situated at village Deral, Dist: Jamnagar (in short "the suit land"). The suit land was sold to the respondent No.4 under the registered sale deed dtd. 20/3/2010. Therefore, an application Exh.260 under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (in short "CPC") came to be filed before the court below for joining him as a party. The application of the new purchaser was rejected by the learned court below vide order dtd. 11/1/2013. It came to be challenged before this court by way of filing SCA No. 3019/2013. Vide order dtd. 5/7/2017. This Special Civil Application was allowed and Mr. Pravinsinh Hemantsinh Zala, who was purchaser of the suit land was allowed to join as a defendant.