NASIR Vs. RAIS KHAN

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 18.11.2013 passed by Addl. District Judge No. 11, Jaipur City, Jaipur, whereby the learned Judge has dismissed the petitioner's application under Order 1 Rule 10 CPC and refused to implead the petitioner as party respondent to the suit.

(2.) THE brief facts of the case are that the petitioner, Nasir, and the respondent No. 1 -plaintiff, Rais Khan, were good friends. During their friendship, they decided to buy a plot namely Plot No. 125 situated in Balaiyon Ki Basti, Nahari Ka Naka, Jaipur, which belonged to the respondent No. 2, Satya Narayan. Therefore, the respondent No. 1, Rais Khan, and the respondent No. 2, Satya Narayan, entered into an agreement on 19.3.2005 with regard to the said plot. The total consideration of the said plot was Rs. 20,40,000/ -. At the time of execution of agreement to sale, Rais Khan paid Rs. 2 lakhs to Satya Narayan. It was agreed that the rest of the amount of Rs. 18,40,000/ - would be paid within three months and the sale -deed would be executed. According to the petitioner, out of Rs. 2 lakhs paid by Rais Khan, the petitioner and his brother paid Rs. 1,51,000/ -; Rais Khan added Rs. 49,000/ - to the said amount and, thus paid Rs. 2 lakhs to Satya Narayan. Rais Khan and Satya Narain further agreed that the sale -deed would be registered by Satya Narain either in favour of Rais Khan, or in favour of any other person indicated by Rais Khan.

(3.) DURING the course of trial, Rais Khan filed an application wherein he brought all these facts to the notice of the trial court and prayed that stamp papers returned to the Collector (Stamps) should be summoned by the court. This application was allowed by the learned trial court by order dated 8.8.2007 and the stamp papers were duly summoned.