RAM PAT Vs. MAHA SINGH

JUDGEMENT

(1.) -This is a revision petition under Section 115 of the Code of Civil Procedure. The petitioner has challenged order dated September 20, 1991, passed by the learned Additional Senior Sub Judge, Narnaul, in the course of proceedings in a suit filed by the petitioner against Maha Singh (respondent No. 1) for specific performance of an agreement to sell the land in dispute. By the impugned order, the trial court has allowed the application filed by Mangal Singh (respondent No. 2) and allowed him to join as defendant No. 2 in the suit.

(2.) Mangat Singh is not a party to the agreement sought to be specifically enforced by Ram Singh in the suit property. The trial court has allowed his application under Order 1. Rule 10, Civil Procedure Code, on the basis of judgment in the case of Gurdeu Singh v. Param Ram.

(3.) The petitioner has challenged the impugned order on the ground that Mangat Singh is neither necessary nor proper party to the suit and that the judgment in the case of Gurdeu Singh (supra) was over-ruled by a larger Bench of this court in Krishan Lal & Ors. v. Tek Chand.