SUNIL KHAN Vs. ANUPAM HOUSING P LTD

JUDGEMENT

(1.) This is an application filed by the applicants, Sunil Khan and Manoj Khan, with the prayer to permit them to file the present first appeal, being First Appeal No. 482 of 2008, against the judgment and decree dated 31.3.2008 passed by the Additional District Judge, Court No. 1, Agra in between Anupam Housing (P) Ltd. v. U.P. Small Industries Corpn. Ltd. and Ors. Original Suit No. 306 of 1998 (in brief, the "UPSIC").

(2.) Heard the counsel for the parties and perused the materials on record. The Respondents, including UPSIC, opposed the present application.

(3.) The brief facts giving rise to the present application are that the Original Suit No. 306 of 1998 was filed by M/S Anupam Housing (P) Ltd., Agra (in brief "AHPL") against UPSIC for specific performance of an alleged contract concluded between UPSIC and AHPL in February, 1997, for the transfer of the leasehold rights of a plot of land, being Block No. 86/4 measuring 606.17 sq. mtrs. situated in Sanjay Place Commercial Complex, Agra. In the said suit, the present applicants, Sunil Khan and Manoj Khan moved an application for their impleadment under Order 1, Rule 10, Code of Civil Procedure on 22.5.1998 (Annexure CA-1 to the Counter-affidavit filed on behalf of AHPL) on the ground that they were the highest bidders of a subsequent auction made on 30.3.1998 by the UPSIC. The said application for impleadment was objected to by AHPL (Annexure CA-2) and it was rejected, after due consideration, by the Trial Court on 16.7.1998 (Annexure CA-3) against which a Revision Petition, being Civil Revision No. 332 of 1998, was filed before this Court (Annexure CA-4), which after hearing the parties was rejected by this Court vide its judgment dated 19.5.2000 (Annexure CA-5). In the said judgment, it was held: