G PADMAVATHI Vs. G BALRAJ

JUDGEMENT

(1.) This Civil Revision Petition is directed against an order rejecting the application filed by the petitioner under Order 1 Rule 10 CPC to implead the second respondent herein as a party to the suit,

(2.) The suit is filed by the petitioner for specific performance of an allegedoral agreement between her and the first respondent, whereby the right of pre-emption was created in favour of the petitioner in respect of the plaint schedule property. It is the case of the petitioner that subsequently the first respondent sold away the suit property to the second respondent in violation of the alleged oral agreement. The petitioner, therefore, filed the instant application seeking to implead the 2nd respondent as a party to the suit.

(3.) The lower Court dismissed the application with the observation that if anybody intends to sell the property it should be in writing and the agreement conferring the right of pre-emption should also be in writing and that in case the petitioner succeeds in the suit the doctrine of lis pendens comes into force and as such there is no need to implead the 2nd respondent as a party.