MANMOHAN SAHU Vs. ASHIS KUMAR MANDAL & OTHERS

JUDGEMENT

(1.) The sole question that hinges for consideration is as to whether in a suit for specific performance of contract for sale of the property, a stranger or a third party to a contract can be added as a defendant

(2.) Opposite party no.1 as plaintiff instituted C.S. No.628 of 2004 in the court of the learned Civil Judge (Senior Division), Balasore for specific performance of contract impleading opposite parties 2 to 10 as defendants. The present petitioner filed an application under Order 1, Rule 10 Civil Procedure Code for impleadment. It is stated that the suit schedule property was originally acquired by the American Baptist Foreign Mission in the year 1891 for utilisation of the same for educational, religious and social development of the members of Baptist communities of Balasore. In course of time, several educational institutions had been established by the missionaries on and around the suit land for imparting education particularly Baptist communities. In the record-of-right of the sabik settlement of the year 1927, the suit land and the other adjoining lands were recorded in the name of American Baptist Mission, which is the registered company of the U.S.A. No person has any right to alienate the land or any portion thereof or right to utilise the properties in any other purposes except the purpose for which it was created. Defendants 1 and 2 have no semblance of right, title and interest over the property. In the year 2002-03, they tried to transfer the suit land and other properties in favour of the plaintiff and others. The intervenor and three others being the representatives of the local Baptist Christians instituted T.S. No.578/02-I in the court of the learned Civil Judge (Senior Division), Balasore for a declaration that defendants 1 and 2 have no right, title, interest and possession over the suit land and other lands covered in the said khata and for a declaration that the defendants 1 and 2 have no right to alienate or sell the land in any manner and for permanent injunction. Defendants 1 and 2 entered contest in the said suit. It is further stated that he has direct interest over the suit land and unless he is impleaded, the whole Baptist communities of Balasore will sustain irreparable loss and injury. By order dated 15.12.2009, learned trial court rejected the application. The instant application under Art. 227 of the Constitution is to lacinate the said order.

(3.) Heard Mr. D.P. Mohanty, learned counsel for the petitioner and Mr. Ashok Mohanty, learned Senior Advocate for the opposite party no.2. None appeared for the opposite parties 1, 3 to 10 in spite of valid service of notice.