IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1314 of 2006 SANJAY KUMAR SINHA Versus SANJEEV KUMAR & ANR ----------- 2 29.07.2008 Heard counsel for the parties. In the opinion of this Court, the order impugned refusing to add the petitioner as a party to the suit, cannot be said to be vitiated by any material irregularity or jurisdictional error, inasmuch as, it was a plain and simple case of specific performance of contract. In such a suit only two persons are necessary party namely, the person who has executed the agreement for sale and the person who has to be benefited by such agreement for sale. The submission on behalf of the counsel for the petitioner that the petitioner was the son of the executant of the agreement for sale and therefore, was a necessary party is not in keeping with the scope of the provision of Order-1 Rule 10(2) of Code of Civil Procedure. . That being so, this Court, must hold that there is no merit in this application and the same is accordingly dismissed. BCJ (Mihir Kumar Jha, J.)