BIRU KUMAR SINGH Vs. MONU RANJAN SINGH

JUDGEMENT

(1.) Heard learned Senior Counsel Mr. A. Dasgupta and learned Senior Counsel Mr. S. Dutta for the applicants. Also heard Mr. B. Baruah for the opposite party No. 2.

(2.) This application has been filed under Order I Rule 10(2) read with Sec. 151 of Code of Civil Procedure, 1908 (CPC for short) with prayer for impleadment of the applicants No. 1. Sri Biru Kumar Singh and 2. Smt. Malobika Singh as parties in RFA No. 37/2018. Both are siblings and children of opposite party No. 1. Sri Monuranjan Singh, who has initiated the present RFA, challenging the validity and legality of the judgment and decree dtd. 12/3/2018 passed by the learned Civil Judge, Dibrugarh in Title Suit No. 44/2013.

(3.) It is submitted that the opposite party No. 2 has brought up a title suit against the opposite party No. 1 seeking specific performance of the agreement for Sale Deed dtd. 20/11/2012, relating to sale of the parcel of land admeasuring 1 Katha 16.56 Lechas appertaining to Dag No. 661 of PP No. 299, situated at Boiragimath Kacharigaon under Mouza Mancotta Khanikar, Dibrugarh. The agreement was entered into by both the opposite parties Nos. 1 and 2.