PADMAVATI ESTATE PVT LTD Vs. KUSUM AGARWAL

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of India is directed against an order being No. 222 dated 2nd August, 2007, passed by the learned Civil Judge (Senior Division), 1st Court Alipore in Title Suit No. 102 of 1987 whereby the petitioner's application for addition of party in a suit for specific performance of contract filed by the plaintiff/opposite party against the defendants/opposite parties, was rejected by the learned Trial Judge on contest,

(2.) THE petitioner is admittedly a transferee pendente lite who purchased the suit property from the defendants/opposite parties by registered deed of conveyance dated 30th September, 2003. The petitioner claims that the petitioner purchased the suit property for a valuable consideration.

(3.) THE petitioner further claims that the petitioner is in possession of the suit property since the time of its purchase. After coming to know of the pendency of this suit from the vendor, the petitioner filed an application for its addition as defendant in the said suit. Such application was filed under the provision of Order 1 Rule 10 of the Code of Civil Procedure.