- (1.) . Rule. Mr. B.T. Rao, learned advocate for respondent No. 1, waives service of rule. 1.1 Rajendrasinh Bharatsinh Sarvaiya, petitioner, original third party, has filed this Revision Application under Section 115 of the C.P.C., challenging the judgement and order dated 11.2.2002 passed by the Second Joint Civil Judge (S.D.), Bhavnagar - order below Exh. 12 in Regular Civil Suit No. 465 of 2001. The learned Judge by his impugned judgement was pleased to reject the application at Exh. 12 filed by the petitioner for joining as party defendant under the provisions of Order 1 Rule 10 of the C.P.C.
(2.) There is a property situated at Krishnanagar, near Manekwadi, on Municipal Leasehold plot bearing Survey No. 558-559/B, admeasuring 719.56 sq. mtr. at Bhavnagar (hereinafter referred to as "the suit property". BACKGROUND OF THE MATTER:
(3.) Dineshbhai Rajaram Makwana and Rajeshbhai Rajaram Makwana purchased the suit property from one Mr. Bhogilal Prahladbhai Patel of Vallabhbhai & Savitaben Patel on 23.8.1991 by registered Sale Deed and thereby they became owner of the said suit property. 3.1 It appears from the record that Shri Dineshbhai Rajaram and Rajeshbhai Rajaram (hereinafter referred to as "the original owners") had transferred the suit property to Sanjeev A. Jain and Neeta S. Jain by unregistered Agreement to Sale dated 3.6.1994. Sajeev A. Jain and Neeta S. Jain had transferred the suit property by unregistered Sale Agreement dated 28.12.1999 to Kadarbhai K. Pirwani. The possession of the property was handed over to Kadarbhai K. Pirwani, respondent No. 2. It appears that thereafter Kadarbhai K. Pirwani, respondent No. 1, by Satakhat dated 24.7.2001, had transferred the suit property in favour of Kiritsinh B. Jadeja, respondent No. 1 which Sale Deed came to be registered on 25.7.2001 by Kadarbhai K. Pirwani. 3.2 It appears that the original owner transferred the suit property by registered Sale Deed on 30.10.2001 in favour of Rajendrasinh B. Sarvaiya. PRESENT CONTROVERSY:;