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2016 (2) TMI 1381 - PUNJAB AND HARYANA HIGH COURTApplication for impleading him as a party to the suit allowed - Order 1 Rule 10 Code of Civil Procedure, 1908 - suit for specific performance of the agreement to sell - no privity of contract between the petitioner-plaintiff and respondent no.4 - HELD THAT:- As per the ration of law laid down by the Hon'ble Apex Court in THOMSON PRESS (INDIA) LTD. VERSUS NANAK BUILDERS AND INVESTORS P. LTD. AND ORS. [2013 (2) TMI 898 - SUPREME COURT], 'a proper party is the person whose presence would enable the Court to completely, effectively and properly adjudicate upon all the matters and issues, though he may not be a person in favour of or against whom a decree is to be made'. So, even if no relief is claimed against a person but, if his presence would enable the Court to completely, effectively and properly adjudicate upon all the matters involved in the suit, he will be considered to be a proper party and got impleaded as a defendant in the suit. In the instant case also respondent no.4-Ranvir Singh has raised certain issues which requires his presence to enable the Court to completely, effectively and properly adjudicate upon all the matters in issue. Though, no relief has been claimed in the suit against him. But, certainly his rights are likely to be effected from the decision of the suit as he is also seeking the specific performance of the agreement to sell dated 12.08.2006 executed by respondent no.1 in his favour with respect to the same land. Consequently, no fault can be found with the discretion exercised by the learned trial Court to allow the application filed by respondent no.4 for impleading him as a party to the suit. There are no illegality in the impugned order calling for interference by this Court while exercising the supervisory powers under Article 227 of the Constitution of India. The present revision petitions having, no merits, are hereby dismissed.
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