ASHOK KUMAR Vs. SMT. PREMA BAI

JUDGEMENT

(1.) Petitioner has preferred this writ petition praying for the following reliefs :-

(2.) Learned counsel for the petitioner states that the petitioner had filed suit for specific performance of contract arising out of the agreement dated 14.11.2008 against the parties to the agreement. Learned counsel for the petitioner further submits that the impugned order is bad as the application under Order 1 Rule 10 C.P.C. has been allowed for the persons who were not party to the contract. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Apex Court passed in the matter of Kasturi. vs. Iyyamperumal & Ors. reported in 2005(2) Civil Times 67 (SC), the relevant portion whereof, reads as under :-

(3.) Learned counsel for the respondents, however, states that for becoming a party, the only point the respondents ought to have proved was that they were affected by the relief claimed for by the petitioner. Learned counsel for the respondents further states that the agreement regarding the same land dated 30.7.2008 was executed between the respondents and other parties. Learned counsel for the respondents further pointed out that the suit for specific performance of agreement dated 30.7.2008 is already pending where the present petitioner is party.