PREM KUMAR Vs. JASKARAN SINGH

JUDGEMENT

(1.) Counsel for the petitioner has shown judgment passed by this Hon'ble Court in S.B. CWP No.5265/2017 rendered on 13/4/2018, which reads as follows:-

(2.) The suit for specific performance was filed by the petitionerplaintiff against the respondent for specific performance of the contract dtd. 23/5/2008. During the suit proceedings, the respondent has brought a document on record reflecting that a partition has taken place between the respondent/defendant and his brother, Fuman Singh, and the land in question has come to the share of Fuman Singh, pursuant to the said partitions. Learned counsel for the petitioner states that the petitioner states that the petitioner immediately sought impleadment of said Fuman Singh, as the purpose of the suit for specific performance would be frustrated, if the claimed actual owner of the land in question, would not be a party to the proceedings of the suit.

(3.) Learned counsel for the petitioner Mr. Sushil Bishnoi has relied upon the judgment of Hon'ble Apex Court in Thomas Press (Indian) Ltd. Vs. Nanak Builders & Investors P. Ltd. & Ors. reported in 2013(1) WLC (SC) Civil 453, the operative portion of which reads as under: