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High Court of Punjab and HaryanaCR/225/2014dismissed

Naresh Inder Singh v. M/S Authentic Properties Pvt Ltd

2015-04-29Mr. Justice Harbans Singh Rai2 pages

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.225 of 2014 Date of Decision.29.04.2015 Naresh Inder Singh .......Petitioner

Versus

M/s Authentic Properties Pvt. Ltd.

......Respondent

Present:

Mr. Dharminder Singh Randhawa, Advocate for the petitioner.

Mr. Vishal Gupta, Advocate for the respondent.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The petition for amendment was sought by the plaintiff in suit for specific performance to challenge the transfer made in favour of the defendant. The transfer was purported to be subsequent to the agreement which was sought to be enforced. A subsequent purchaser is a necessary party under Section 19 of the Specific Relief Act and if the subsequent transferee was already a party and there was a specific prayer sought for annulling the transfer, I do not think any prejudice could be said to be caused. The Court below has allowed for such a challenge to be brought through an amendment and I will find no reason for causing any interference with the same.

2.

The order is maintained and the civil revision is dismissed. (K. KANNAN) JUDGE April 29, 2015 Pankaj* PANKAJ KUMAR 2015.04.30 12:14 I attest to the accuracy and integrity of this document

PANKAJ KUMAR 2015.04.30 12:14 I attest to the accuracy and integrity of this document