GONSALO DE FILOMENA LUIS Vs. INACIO PIEDADE HILDEBERTE FERNANDES

JUDGEMENT

(1.) These two Civil Revision Applications arise from two similar orders passed on two separate applications made by the applicants for joining Gonsalo de Filomeno Luis (hereinafter called "theIntervenor") as a party defendant to the suit filed by the Respondent No. 1 against the respondents Nos. 2 and 3 in Civil Revision Application No. 2/72 and the two applicants in Civil Revision Application No. 26/72. The two Revision Applications shall therefore be disposed of by this common judgement.

(2.) The plaintiff Inacio Piedade H. Fernandes filed a suit against the defendants Jose Mascarenhas and Maria Leonila Games, wife of Jose Mascarenhas, for obtaining the specific performance of an agreement, whereby the defendants had agreed to sell to the plaintiff a plot of land known as "Dongorim". Briefly stated, the facts according to the Petitioners are as follows :-

(3.) The question for my determination is, whether "the Intervenor was a proper or necessary party to the present suit. The law on the subject can be formulated from the decisions in Firm of Mahadeva Rice and Oil Mills V/s. Chennimalai Goundar, 1968 AIR(Mad) 287, Banarsi Dass Durga Prashad V/s. Panna Lal Ram Richhpal Oswal, 1969 AIR(P&H) 57, Foll. and AIR 1958 Andh Pra 195 Ref. (sic). The principles governing the powers of the Court under O. 1, R. 10 of C. P. C. are :