RAJINDER SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) This revision petition has been filed against the order of the Subordinate Judge Ist Class, Amloh, dated 30.1.1986.

(2.) Briefly, the facts are that Jaswant Singh defendant entered into an agreement dated 23.6.1984 with the plaintiff to sell the property for a consideration of Rs. 40,000/- in terms of the agreement. It is alleged that the defendant failed to execute the sale deed in favour of the plaintiff in spite of repeated requests. He, therefore, filed a suit for specific performance against the defendant which was contested by the defendants.

(3.) During the pendency of the suit, Rajinder Singh applicant filed an application under Order 1 Rule 10 of the Code of Civil Procedure for impleading him as a defendant in the suit. It was stated therein that Sarwan Singh defendant had entered into an agreement with him on 26.9.1986 to sell the property and had delivered the possession thereof to him in part performance of the agreement. Since then, he had been in its possession. It was further alleged that the plaintiff had earlier instituted a suit for injunction against the defendant praying that the dependent be restrained from alienating the property. In that suit, the applicant filed an application under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded as a party. That application was accepted. It is further alleged that he has got an interest in the property in dispute and in order to avoid multifariousness of litigation it was proper that he should be impleaded as a party. The application was opposed by the plaintiff. The learned trial Court dismissed the application. The petitioner has come up in revision to this Court.