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ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

Tuesday, May 12, 2015

Or.1, rule 10 of C.P.C.- suit for specific performance - purchasers pending suit filed impleading petition - their lordships allowed the same subject to payment of costs of Rs.5,000/- to the plaintiff with a condition that they cannot be permitted to take defences which are not available to their vendors -2015 Telangana & A.P. MSKLAWREPROTS

Or.1, rule 10 of C.P.C.- suit for specific performance - purchasers pending suit filed impleading petition - their lordships allowed the same with a rider that they are permitted to take defence other than their vendors - subject to payment of costs of Rs.5,000/- to the plaintiff with a condition that
they cannot be permitted to take defences which are not available to their vendors -2015 Telangana & A.P. MSKLAWREPROTS

It is well settled in law that in case of impleadment of
parties, it is not the jurisdiction of the Court, but the judicial
discretion which has to be exercised keeping in mind all the
facts and circumstances of a particular case.
In the present
case, the application is filed by persons, who claimed to have
purchased a part of property under a registered sale deed
pending the suit.
Though they ought to have been aware of
the paper publication taken by the Plaintiff prior to the
institution of the suit and the pendency of the suit, as the
vendors were made parties to the proceedings, their legal
rights in the property would be affected by the proposed
decree, if it is passed in favour of the plaintiff.
The petitioners
did not explain the reason for filing the application belatedly
after five years.
Almost all the defendants in the suit have not
contested.
Though defendant No.9 filed a written statement,
he did not participate in the subsequent proceedings.
  In the circumstances, justice would demand the
application of the petitioners be permitted subject to payment
of costs of Rs.5,000/- to the plaintiff with a condition that
they cannot be permitted to take defences which are not
available to their vendors -2015 Telangana & A.P. MSKLAWREPROTS

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