PARMINDER KAUR Vs. SHAMSHER SINGH

JUDGEMENT

(1.) A suit for specific performance of contract dated 9.11.2009 filed by plaintiff Smt. Parminder Kaur, petitioner herein, against defendant Shamsher Singh, respondent herein, is pending adjudication before Additional Civil Judge (Senior Division), Moga. During the pendency of said suit, application under Order I Rule 10(2) read with Section 151 CPC for impleadment of Harwinder Pal Singh was filed by him. Notwithstanding objection raised by the plaintiff, petitioner herein, finding merit in the application, the same was allowed by the lower court vide order dated 25.7.2013, which order is under challenge in this revision petition.

(2.) COUNSEL for the petitioner seeking support from Bharat Karsondas Thakkar Versus M/s Kiran Construction Co. and others, 2008 2 CivCC 561 has urged that in a suit for specific performance in terms of Section 15 of the Specific Relief Act, 1963, a stranger to an agreement of sale cannot be impleaded as a party to the suit.

(3.) COUNSEL for the respondent -applicant, on the other hand, has urged that the applicant, impleaded as a defendant, is neither a stranger nor alien to the litigation pending adjudication. It is urged that the property in dispute was mortgaged by the owner defendant in favour of a Bank against loan taken by him where the defendant became a defaulter and his property was sold by the Debts Recovery Tribunal in the public auction. It was purchased by the applicant. It is claimed that the sale was effected on 30.5.2012 and agreement to sell by the vendor -defendant has been forged, fabricated and antidated to 9.11.2009 in collusion with the plaintiff.