(1.) Heard finally with consent.
(2.) By this miscellaneous petition under Article 227 of the Constitution of India the plaintiff has challenged the order dated 6.9.2017, whereby the respondent's application under Order 1, Rule 10 of the CPC for impleadment as defendant has been allowed.
(3.) Learned counsel appearing for the petitioner submits that the suit is for specific performance of the contract, therefore, in view of the Full Bench judgment of this Court in the matter of Panne Khushali and another v. Jeewanlal Mathoo Khatik and another reported in 1976 MPLJ 170 , co-owners are not required to be impleaded as they are neither necessary nor proper parties.