S.R. Singh, J. - (1.) HEARD Sri Devi Prasad Agarwal for the petitioner and Sri Ranjeet Saxena, learned counsel for the Agra Development Authority, Agra. None has appeared on behalf of the 4th Respondent despite service of notice. The petitioner is purchaser from 4th respondent. The writ petition is directed against appellate order dated 17.2.93 passed by 14th Additional District Judge in Misc. appeal No. 86 of 1992, Agra Development Authority, Agra v. Kachhoo Alias Kokamal and Smt. Krishna Devi Gupta. The petitioner filed an application for impleadment before the Trial Court claiming right on the basis of a sale deed executed in her favour by the original plaintiff Kachhoo alias Kokamal. The trial court allowed the application but the order passed by the trial court has been set aside in appeal by the order impugned in this petition. Sri Ranjeet Saxena, learned counsel appearing for Agra Development Authority could not point out any serious defect in the order allowing to impleadment application. Appellate Court ought not to have interfered with the discretion exercised by the trial court in the matter of impleadment of party claiming right on the basis of the sale deed executed in her favour by original plaintiff. The question whether or not the property could have been transferred by original plaintiff is a question which may be examined at the trial stage. Therefore without prejudice to the rights and contentions of the parties, I am of the view that since the original plaintiff has executed sale deed in favour of the petitioner, she ought to have been impleaded as party to the suit.
(2.) IN the circumstances of the case therefore, the writ petition succeeds and is allowed. The impugned appellate order dated 17.2.93 is quashed. Interim order is vacated.;