SHANKAR GRAH NIRMAN SAHAKARI SAMITI Vs. DIN DAYAL

JUDGEMENT

(1.) This civil writ petition has been filed by the petitioner against the order dtd. 12/9/2007 passed by District and Sessions Judge, Jaipur City, Jaipur in civil suit No. 1240/2006, by which the plaintiff's application under Order 1 Rule 10 CPC for impleading subsequent purchaser as party in the suit has been dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner filed a suit for specific performance and permanent injunction against the respondent Nos. 1 to 7-defendants (for short 'the respondents') in which respondents filed a reply and mentioned that they had sold the disputed property to Hasanpura Grah Nirman Sehkari Samiti. Learned counsel for the petitioner further submits that the petitioner filed an application under Order 1 Rule 10 CPC before the trial court for impleading the Hasanpura Grah Nirman Sehkari Samiti as a party respondent, but the trial Court vide order dtd. 12/9/2007 dismissed the application filed by the petitioner. Learned counsel for the petitioner further submits that the Hasanpura Grah Nirman Sehkari Samiti is a proper and necessary party in this suit because the respondents malafidely sold the disputed property to Hasanpura Grah Nirman Sehkari Samiti, whereas they had already entered into an agreement with the petitioner. So, the order dtd. 12/9/2007 passed by the trial Court be set aside and Hasanpura Grah Nirman Sehkari Samiti be impleaded as a party respondent in the suit.

(3.) Learned counsel for the petitioner has placed the reliance upon the following judgments-: (1) Kasturi Vs. Iyyamperumal and Ors. in civil appeal No. 2831/2005 decided on 25/4/2005; (2) Robin Ramjibhai Patel Vs. Anandibai Rama and Ors. in civil appeal No. 10789/2016 decided on 10/11/2016; (3) Gurmit Singh Bhatia Vs. Kiran Kant Robinson and Ors. in civil appeal Nos. 5522-5523/2019; and (4) Harish Kumar Vs. Smt. Usha Devi and Ors. in civil writ petition No. 13835/2022 and 13674/2022 decided on 9/1/2024.