- (1.) In this writ petition under Article 226 of the Constitution of India, I am to consider the right of the plaintiff/respondent to seek impleadment of subsequent purchasers, to be precise of transferee pendente lite as defendants in a suit for specific performance of an agreement to sell and the consequential amendment thereto in the plaint.
(2.) The facts of the case in a capsule form are as under: The plaintiff/respondent instituted Original Suit No.466 of 2009 on 28.5.2009 for specific performance of an agreement to sell dated 29.1.1991. The defendant/petitioners in the said suit filed their written statement on 30.8.2010 so as to contest the same and in one of the paragraphs of the written statement they pleaded that the property has been transferred by them on 12.4.2010 and 13.4.2010 by two sale deeds in favour of Smt. Sheela Devi, Anita Gupta, Sangita Gupta, Krishnawati Devi, Anil Kumar and Dinesh Singh.
(3.) In view of the pleadings in the written statement, plaintiff/respondent moved application for impleadment of the aforesaid subsequent purchasers and for consequential amendment of the plaint seeking declaration of the aforesaid two sale deeds as null and void. The applications were rejected by the court of first instance vide order dated 15.11.2011 whereupon the plaintiff/respondent preferred civil revision No.185 of 2011. The revision has been allowed and the impleadment with consequential amendments has been permitted by the impugned order dated 6.7.2012.;