MAGHAR SINGH Vs. SANTOKH SINGH

JUDGEMENT

(1.) Vide impugned order the trial Court dismissed the application filed by the petitioner under Order 1 Rule 10 C.P.C. for being impleaded as party-defendant to the suit titled Santokh Singh Vs. Jang Singh.

(2.) According to the petitioner, he agreed to purchase land measuring 17 x 22 ft. belonging to respondent No.2-Jang Singh for a consideration of Rs. 31,500.00 on 27.5.1999 and on receiving the said amount, respondent No.2 executed an agreement to sell in his favour. Later on, respondent No.1-Santokh Singh filed a suit against his brother Jang Singh-respondent No.2 for partition of the plot shown in the site plan. In that suit, respondent No.2 made a statement that land which was subject matter of the agreement to sell be given to respondent No.1. At that point of time, the petitioner filed an application under Order 1 Rule 10 C.P.C. for being impleaded as party defendant in the suit for partition preferred by respondent No.1 against respondent No.2, which was dismissed by the trial Court on the ground that uptil the time of the passing of the said order, the petitioner had not proved the execution of the agreement to sell in his favour. The order of dismissal of the application under Order 1 Rule 10 C.P.C. is under challenge in the present revision.

(3.) Counsel for the petitioner has submitted that the suit preferred by the petitioner for specific performance of agreement to sell since stands decreed against respondent No.2 vide judgment dated 14.1.2009 passed by Additional Civil Judge (Senior Division), Samrala.