NIRMALYA CHANDRA GANGULI Vs. ANITA GOPA MICHIYARI

JUDGEMENT

(1.) This writ petition has been filed against the order dated 24.8.2009 passed in Title (Declaration) Suit No. 2 of 2000 by learned Sub-Ordinate Judge II, Deoghar allowing the petition of the interveners under Order I Rule 10 of C.P.C.

(2.) It is submitted by Mr. K. P. Deo, learned counsel appearing for the petitioner that when injunction was sought by the petitioner apprehending transfer of land by the original defendant, injunction petition was disposed of with an observation that if the suit land is sold, the same will be dealt by the principles of Lis pendens. Thereafter, portion of the land is sold to the interveners and on their application, they have been added as party. He further submitted that in this suit filed by the petitioner for specific performance of the contract, the interveners are not the necessary party, especially in view of the said observation in the injunction petition.

(3.) After hearing the parties and considering the relevant matters, the learned court below has allowed the prayer of the interveners for impleading them as party in order to avoid multiplicity of the proceeding and in the interest of justice.