MADAN LAL Vs. GHISI BAI WIDOW

JUDGEMENT

(1.) The petitioner has preferred this writ petition under Article 226 & 227 of the Constitution claiming the following reliefs:

(2.) The petitioner-plaintiff has filed a suit for specific performance of a contract dated 19.05.2014 against the respondent-defendant. The petitioner has moved an application under Order 1 Rule 10 CPC to implead the subsequent purchaser/respondent No.2, who claimed to have purchased the land in question from the defendant through through a registered sale deed dated 16.07.2014. However, the learned court below has rejected the said application on the ground that the suit was for specific performance of contract, and not for cancellation of sale deed.

(3.) Learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court in Ganesh Gadri Vs. Chhoga Gadri, 2012 1 Diwani Nirnay Journal 371, which reads as under: