DINESH CHANDRA SOMANI,J. - (1.) The instant petition under Article 227 of the Constitution of India has been filed by the plaintiffs/petitioners assailing the order dated 05/12/2015 passed by the learned Additional District Judge No. 3, Jaipur District, Jaipur (hereinafter referred as "the learned trial Court") in Civil Suit No. 210/2003 titled as Madho Lal Saini v. Mishri Devi @ Misri Devi and Ors , whereby the learned trial Court dismissed the application filed by the petitioners under Order 1 Rule 10 and Order 6 Rule 17 of CPC.
(2.) Material facts necessary for disposal of this petition are that the plaintiff/petitioners and plaintiff/respondent No. 7 and 8 filed a civil suit for specific performance of the contract and to declare the sale deed dated 06/11/2007 executed by defendant/respondent No. 1 to 3 in favour of the defendant/respondent No. 5 and 6 to be void and ineffective as against the plaintiffs and for permanent injunction.
(3.) Thereafter, plaintiffs/petitioners filed an application under Order 1 Rule 10 and Order 6 Rule 17 of CPC, stating therein that during pendency of the suit, the plaintiff No. 1 and 2 came to know that defendant No. 5 and 6 sold the property in dispute to Lalchand Prajapat through sale agreement dated 10/01/2008 and thereafter, Lalchand moved an application under Order 1 Rule 10 of CPC, which was dismissed by the learned trial Court on 08/01/2015. After dismissal of said application, Lalchand forcibly took possession to the property in dispute, thus, the necessity arose to implead him as party to the suit.;