- (1.) THIS writ petition comes up before this Court as a connected matter pursuant to the order dated 22.5.2013 passed in SB Civil Misc. Appeal No. 420/2013.
(2.) THE challenge in this petition is to the order dated 24.4.2008 passed by learned Addl. District Judge, Sambhar Lake, District Jaipur. Thereby the plaintiff petitioner's (hereinafter 'the plaintiff') application under order 1 Rule 10 and Order 6 Rule 17 read with section 151 CPC to implead one Islamuddin as a party in the plaintiff's suit for specific performance against the respondents defendants Nasir Ahmed and Munna @ Rahis Ahmed (hereinafter 'the defendant') has been dismissed. Mr. N.K Maloo, Sr. Counsel appearing for the plaintiff submitted that Islamuddin as a subsequent purchaser, in terms of section 19 of the Specific Relief Act as also the judgment of the Hon'ble Supreme Court in the case of Thomson Press (India) Limited v. Nanak Builders and Investors Private Limited and others (2013) 5 SCC 397 aside of reason of public policy of the Courts to avoid multiplicity of litigation ought to have been impleaded in the suit for specific performance.
(3.) YET the trial court has failed to exercise its jurisdiction under Order 6 Rule 17 read with section 151 CPC and arbitrarily failed to implead Islamuddin as a party in the plaintiff's underlying suit for specific performance. It was submitted that without Islamuddin's impleadment, a decree in the plaintiff's suit about which the plaintiff is optimistic would be inexecutable.;