- (1.) This is application by M/s Ameri Estate Pvt. Ltd. (applicant) for impleading it as party to the instant revision petition. Heard.
(2.) The applicant claims to have purchased the suit property from respondents/original defendants vide sale deed dated 30.08.2006 after the suit filed by the plaintiffs/petitioners stood dismissed as withdrawn vide order dated 17.09.2005, pursuant to compromise between the parties to the suit. No proceeding was pending between the parties to the suit at the time of purchase of the suit property by the applicant. Subsequently, plaintiffs filed application on 27.10.2007 for restoration of the suit, which has been dismissed by the trial court, vide order dated 21.09.2010, which is under challenge in this revision petition filed by the petitioners under Section 115 of the Code of Civil Procedure (in short - CPC).
(3.) In the aforesaid circumstances, the applicant being purchaser of the suit property at the time when no proceeding was pending between the parties, but proceedings have been initiated subsequently, is certainly necessary party to the litigation. Accordingly, without reflecting anything on merits, the instant application is allowed. The applicant, as described in paragraph 6 of the application, is ordered to be impleaded as respondent no. 3 to the instant revision petition.;