MANJU GOENKA Vs. RAJESH KUMAR

JUDGEMENT

(1.) CHALLENGE in the present revision petition is to the order passed by the learned trial Court on 21-11-2005, whereby an application filed by the petitioners under O.1, R.10, CPC, was dismissed.

(2.) PLAINTIFF - respondent Nos. 1 and 2 filed a suit for specific performance of an agreement to sell dated 25-9-1989 allegedly executed by the eight legal representatives of deceased - Chandgi Ram in respect of land measuring 48 Kanals 10 marlas. The suit was filed on 27-10-1995.

(3.) WHEN the case was fixed for evidence of the plaintiffs, when the petitioners moved an application for their impleadment as defendants on the allegations that they have purchased the suit property vide registered sale deed dated 9-9-2004 in pursuance of the agreements to sell dated 8-6-1989 and 20-3-1991. The said application has been declined by the learned trial Court, when it held to the following effect :