SHAHZAD AHMAD KHAN Vs. MOHAMMAD AHMAD

JUDGEMENT

(1.) THIS appeal has been preferred by the third party-appellants against the order dated 17. 11. 2007 passed by Additional District Judge, Court No. 6, Saharanpur in Original Suit No. 89 of 1999, by which the application 236-C-2 moved by them under Order I, Rule 3, 10 (2), Order XXII, Rule 10 and section 151, C. P. C. for impleadment as defendants has been rejected.

(2.) WE have heard Shri Syed Wajid Ali, learned Counsel for the appellants and shri Rakesh Kumar for the respondents and perused the order passed by the learned Court below.

(3.) IT appears from the record that the aforesaid suit has been filed by the plaintiff-respondent Nos. 1 and 2 against the defendant-respondent No. 3 for specific performance of contract to sale of the landed property agreement which was allegedly entered into between them on 13. 2. 1991, a registered document. When the defendant-respondent No. 3 did not execute the sale deed in pursuance to the contract, the plaintiff-respondent Nos. 1 and 2 filed the suit. In the meantime some more developments took place. During the pendency of the suit on 22nd and 26th May, 2000, the defendant-respondent No. 3 allegedly sold the property in suit to the present third party-appellants and on the basis of that sale deed (copy Annexure-1), they moved application for impleadment, which was rejected by the learned Trial Court. The present appeal has been preferred against that order.