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High Court of Punjab and HaryanaCR/6816/2013dismissed

Gurmail Singh v. Gurmeetsingh And ANR

2015-04-20Mr Justice Rakesh Kumar Jain2 pages

Civil Revision No. 6816 of 2013 -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 6816 of 2013 Date of Decision: 20.4.2015.

Gurmail Singh .......Petitioner

Versus

Gurmeet Singh and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. I.S.Brar, Advocate for the petitioner.

Mr. Ashish Gupta, Advocate for respondent No. 1.

None for respondent No. 2.

**** SABINA, J.

Petitioner has filed this petition under Article 227 of the Constitution of India challenging the order dated 9.10.2013 whereby application moved by respondent No. 1 under Order 1 Rule 10 of the Code of Civil Procedure, 1908 for impleading respondent No. 2 as defendant No. 2, was allowed. I have heard the learned counsel for the parties and have gone through the record available on the file carefully. Respondent No. 1 has filed suit for specific performance of agreement to sell dated 23.4.2010 against the petitioner. During the pendency of the suit, plaintiff moved an application for impleading respondent No. 2 as defendant No. 2 as the property in question had been sold by the petitioner to respondent No. 2. The GURPREET SINGH 2015.04.22 15:57 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 6816 of 2013 -2said application was allowed by the Trial Court vide impugned order dated 9.10.2013. Admittedly, petitioner has executed sale deed in favour of respondent No. 2. Petitioner has been arrayed as defendant No. 1 in the suit filed by respondent No. 1. In these circumstances, petitioner cannot have any grievance qua the impleading of respondent No. 2 as defendant No. 2. No ground for interference by this Court is made out. Dismissed.

(SABINA) JUDGE April 20, 2015 Gurpreet GURPREET SINGH 2015.04.22 15:57 I attest to the accuracy and authenticity of this document Chandigarh