JATINDER DHIR Vs. ATUL KUMAR AND OTHERS

JUDGEMENT

(1.) THIS revision petition has been filed by defendant no. 1 Jatinder Dhir under Article 227 of the Constitution of India assailing order dated 23.10.2012 (Annexure P -8) passed by the trial court, thereby allowing application dated 11.09.2012 (Annexure P -4) moved by respondent no. 1 Atul Kumar for being impleaded as party to the suit, which has been instituted by respondent no. 2 Vinod Kumar -plaintiff against defendant no. 1 - petitioner and performa respondents no. 3 to 9 as defendants no. 2 to 8. Plaintiff has filed suit vide plaint (Annexure P -2) for possession of suit property by specific performance of agreement to sell dated 04.04.2008, allegedly executed by defendants no. 1 to 7 in favour of plaintiff.

(2.) RESPONDENT no. 1, in his application (Annexure P -4), alleged that the plaintiff, pursuant to agreement dated 04.04.2008, had executed further agreement dated 09.08.2011 to sell the suit property to respondent no. 1, and therefore, respondent no. 1 is necessary party to the suit having legal and vested right under agreement dated 09.08.2011.

(3.) IT was also pleaded that the plaintiff had not been appearing for his cross -examination as witness. He had availed of nine opportunities for the same and the instant application has been got moved by the plaintiff.