JARNAIL SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) The instant application has been filed under Order 1 Rule 10 read with Sec. 151 CPC for impleading respondents No.9 and 10 as contesting respondents, being necessary parties for just and proper adjudication of the case.

(2.) Learned counsel for the applicants-proposed respondents No.9 and 10 submits that the applicants herein had purchased the property on 29/11/2007 being bona fide purchasers against consideration and, therefore, they are necessary party for proper adjudication of the case. It is further submitted that the applicants acted in good faith as they did not have knowledge of prior agreement to sell and thus, they could not be bound by the agreement to sell. In support of his contention, he relies upon the judgment passed by a Coordinate Bench of this Court in Usha Rani Vs. Shakuntla and others 2025(2) RCR (Civil) 483.

(3.) Further reliance is placed upon the judgments passed by the Hon'ble Supreme Court in Ram Awadh (dead) by LRs Vs. Achhairbar Dubey 2000(2) RCR (Civil) 2 and B. Vijaya Bharathi Vs. P. Savitri and others (2018) 11 SCC 761 to contend that plea of readiness and willingness of vendee is available to all defendants in a suit for specific performance including subsequent vendee and vendor itself.