GAURVI SHARMA Vs. DINESH CHANDRA GUPTA

JUDGEMENT

(1.) B. K. Rathi, J. Heard Sri Anupam Kulshreshtha, learned Counsel for the revisionists and Sri Ajay Rajendra, learned Counsel for the respondent No. 1.

(2.) THE respondent No. 1 filed a suit for specific performance of contract of sale against the respondent No. 2. THE suit is pending since 1992. THE revisionists are minor daughters of respondent No. 2. THEy moved an application for impleadment through Kailash Chandra Sharma, their Nana as guardian as party under Order 1, Rule 10 C. P. C. THE application has been rejected by the trial Court. Aggrieved by it, the present revision has been preferred.

(3.) THE agreement of sale is between the respondents and the suit for specific performance has been filed on that basis by the respondent No. 1 against the respondent No. 2. THE question whether the revisionists or the respondent No. 2 is the owner of the property is not relevant for the decision of the suit. THE title or the ownership of the property can not be decided in a suit for specific performance of contract of sale.