CHARAN SINGH Vs. HAZARA SINGH AND ORS

JUDGEMENT

(1.) Petitioner herein is assailing the order dated 5.12.2009 passed by the Additional Civil Judge, Senior Division, Sultanpur Lodhi, Kapurthala, whereby application moved by the plaintiff under Order 1 Rule 10 CPC read with Order 6 Rule 17 CPC, was dismissed.

(2.) Brief facts of the present case are that the plaintiff - petitioner herein filed suit for specific performance against the defendants -respondents on the basis of an agreement to sell dated 11.6.2007. During the pendency of the suit, admittedly, defendant No. 1 has executed sale deeds in favour of Kullwant Kaur, Balwinder Kaur and Paramjit Kaur on 16.2.2009. Plaintiff thereafter, moved an application before the trial Court seeking impleadment of the subsequent purchasers from defendant No. 1 and for incorporating pleadings regarding the sale deed executed by defendant No. 1 dated 16.2.2009 in favour of the subsequent purchasers.

(3.) Learned Counsel for the respondents stated that initially subsequent purchasers had filed suit for specific performance on the basis of agreement to sell dated 21.12.2006 against the defendant and during the pendency of that case, defendant has executed sale deeds in favour of the subsequent purchasers on 16.2.2009 and thereafter, suit filed by the subsequent purchasers for specific performance was withdrawn.