AYYUB SHAH HAIDAR SHAH Vs. AJAY DHANANJAY DAWARE

JUDGEMENT

(1.) This revision challenges the legality, validity and propriety of the order dated 16/09/2016 passed by the Civil Judge (Sr. Dn.), Khamgaon in Special Civil Suit No. 37/2015 below Exh.21, thereby rejecting the application filed by the petitioners under Order 7, Rule 11 CPC.

(2.) For the sake of convenience, the parties are referred to by their original nomenclature, in this revision also.

(3.) Petitioners herein are original defendant Nos. 5 to 8. They had filed the application before the trial court submitting that respondent/plaintiff has filed the suit for specific performance of contract alleging that defendant Nos. 5 to 8 have agreed to sell the property to the plaintiff. It is submitted that in fact the suit property is owned by the defendant Nos. 5 to 8 and they had never agreed to sell the suit property to the plaintiff. Thus, there is no privity of contract between plaintiff and defendant Nos. 5 to 8, and in such situation, plaintiff cannot have any claim against them. Therefore, they should not have been joined in the instant suit. They are not at all necessary and proper party to the suit. There is no cause of action for filing the suit against them, and hence, on this count, plaint should be rejected under Order 7, Rule 11(a) CPC and these defendants be discharged from the suit by deleting their names from the plaint.