KULBHUSHAN Vs. BHUPINDER KAUR

JUDGEMENT

(1.) The plaintiff's (petitioner's) suit for possession by way of specific performance of the agreement to sell is pending before the trial court. The suit has been filed against Smt.Bhupinder Kaur and late Sh.Piara Singh. Sh.Piara Singh is said to have died and his legal representatives have already been impleaded. During the pendency of the suit, the plaintiff filed an application under Order VI Rule 17 read with Order I Rule 10 of the Code of Civil Procedure, 1908, with a prayer to implead Sh.Baljinder Singh as party defendant on the ground that he has received Rs.6,00,000.00 (Rs.2,00,000.00 on 21/3/2007 and Rs.4,00,000.00 on 16/4/2007) on behalf of Smt.Bhupinder Kaur-his aunt. The trial court has dismissed the application on the ground that Sh.Baljinder Singh is not a necessary party and the plaintiff or the defendant, if so advised, may produce Sh.Baljinder Singh as a witness. The correctness of the aforesaid order is challenged in this revision petition.

(2.) Learned counsel representing the petitioner contends that Sh.Baljinder Singh has received the substantial part of the earnest money and if the plaintiff is found entitled to alternative relief of recovery of amount, impleadment of Sh.Baljinder Singh as a party defendant shall be necessary.

(3.) This Court has considered the submissions made by the learned counsel representing the parties.