SHAMRAO RAJESHWARRAO POTDUKHE Vs. GURUKUL GRUHA NIRMAN BHADEKARU MALKI SAHKARI SANSTHA MARYADIT CHANDRAPUR AND OTHERS

JUDGEMENT

(1.) THIS revision application under section 115 of the Code of Civil Procedure has been filed by the applicant Shamrao Rajeshwarrao Potdukhe against the order dated 16 -3 -1991 passed by the Joint Civil Judge, Senior Division, Chandrapur, in Special Civil Suit No. 7 of 1980, whereby the application filed by the present applicant under Order 1, rule 10 of the Code of Civil Procedure for his addition as a party in Special Civil Suit No. 7 of 1980 has been rejected.

(2.) UNDISPUTED facts are that non -applicant No. 1 Gurukul Gruha Nirman Bhadekaru Malki Sahakari Sanstha (hereinafter referred to as 'the plaintiff') has filed a suit for specific performance of agreement dated 4 -3 -1978 and 24 -7 -1978 alleged to have been executed by deceased Arjuna Vishwanath Umathe (the predecessor -in -title of non -applicants Nos. 2 to 11) for sale of 2 -50 acres of land bearing Kh. No. 57, situated at mouza Wadgaon, district Chandrapur.

(3.) THE trial Court rejected the said application holding that the applicant Shamrao, who claimed himself to have the subsequent agreement to sell relating to this property in his favour, is stranger to the contract which is sought to be enforced by the plaintiff and, therefore, cannot be impleaded as party.