S V KRISHNA REDDY Vs. S MARIAM BEE

JUDGEMENT

(1.) The petitioner questions the order of the learned Principal Subordinate Judge at Anantapur in I.A.No.740 of 1987 in O.S.No.189 of, 1983 dt.26-l0-1992 rejecting the application made under Rule 10 of Order 1 of the Civil Procedure Code for impleading respondents 2 to 4 herein as defendants 2 to 4 in the said suit O.S.No.189 of 1983. The said suit was filed by the petitioner herein against the 1st respondent herein for specific performance of an agreement of sale dated 9-6-1983 said to have been executed by the 1st respondent in his favour. The said suit was instituted on 29-9-1983.

(2.) The reasons for presenting IA.No.740 of 1987 were given by the petitioner in his affidavit in support of the said IA. in the following manner: The 1st respondent herein entered into a partition with respondents 2 to 4 in respect of the property which is the subject matter of the suit agreement. According to him, there cannot be any joint family among Muslims and the partition deed was executed deliberately with a view to get over the suit agreement Under these circumstances, the petitioner sought to implead respondents 2 to 4 as necessary parties to the suit. In the said I.A. the petitioner also sought amendment of his plaint in the said suit by introducing the following paragraph:

(3.) The 1st respondent herein opposed the said application contenting that the partition deed was valid and binding and that the petitioner had no right to question the same and that the partition was not fictitious and that therefore the application was liable to be dismissed.