SUBHASH KUMAR BANSAL Vs. HARVINDER SINGH

JUDGEMENT

(1.) Present revision petition is directed against the order dtd. 17/5/2014 (Annexure P-4) passed by learned trial court, whereby application of respondent No.4 under under Order 1 Rule 10, Order 22 Rule 10 read with Sec. 151 of the Code of Civil Procedure, ('CPC' for short), was allowed, impleading him as defendant in the suit filed by petitioner-plaintiff for possession by way of specific performance of agreement to sell.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioner, while placing reliance on a judgment of the Hon'ble Supreme Court in Bharat Karsondas Thakkar Vs. M/s Kiran Construction Co. and others, 2008 AIR (SC) 2134 and a judgment of this Court in Satpal Singh and others Vs. Vinod Kumar Chawla and others, 2011 (3) RCR (civil) 154, submits that once respondent No.4 was stranger to the suit filed by the petitioner-plaintiff, being a third party, learned trial court exceeded its jurisdiction, while passing the impugned order. He further submits that since after passing the impugned order, respondent No.4 has filed his separate suit dtd. 24/7/2014 (Annexure P-6), the impugned order is patently illegal. He prays for setting aside the impugned order, by allowing the present revision petition.