MANZOOR ALI Vs. NASIR AHMED

JUDGEMENT

(1.) THIS writ petition comes up before this Court as a connected matter pursuant to the order dated 22.5.2013 passed in SB Civil Misc. Appeal No. 420/2013.

(2.) THE challenge in this petition is to the order dated 24.4.2008 passed by learned Addl. District Judge, Sambhar Lake, District Jaipur. Thereby the plaintiff petitioner's (hereinafter 'the plaintiff') application under order 1 Rule 10 and Order 6 Rule 17 read with section 151 CPC to implead one Islamuddin as a party in the plaintiff's suit for specific performance against the respondents defendants Nasir Ahmed and Munna @ Rahis Ahmed (hereinafter 'the defendant') has been dismissed.

(3.) YET the trial court has failed to exercise its jurisdiction under Order 6 Rule 17 read with section 151 CPC and arbitrarily failed to implead Islamuddin as a party in the plaintiff's underlying suit for specific performance. It was submitted that without Islamuddin's impleadment, a decree in the plaintiff's suit about which the plaintiff is optimistic would be inexecutable.