1/2 S.B.CIVIL WRIT PETITION NO.6331/2008 (Hari Kishan & anr. vs. Manohar Lal & ors.) DATE OF ORDER : 5/10/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.P.M.Vyas, for the petitioner. Mr.C.P.Soni, for the respondent. This petition is directed against the order dated 3/7/2008, whereby, the application under Order 1 Rule 10 CPC filed by the present petitioner came to be rejected by the learned trial court. The petitioner applicant submitted that the property in question is a joint Hindu Family property which was under agreement in question and agreed to be sold to the plaintiff. In the present suit for specific performance, in order to have say in the matter, he was necessary and proper party, therefore, he ought to have been impleaded in the suit. On the other hand, Mr. Soni submits that since he is stranger to the agreement itself, he cannot be impleaded as party to the suit, therefore, the learned trial court was justified in rejecting the said application. Having considered the submissions made at the bar and having gone through the impugned order, this Court is satisfied that in the 2/2 facts and circumstances of the case, the petitioner-applicant was a necessary and proper party in the suit lest it gives rise to further unnecessary litigation, therefore, he ought to have been impleaded party in the suit and be heard in the matter. Consequently, this writ petition is allowed and impugned order dated 3/7/2008 passed by the learned trial court is set aside and application under Order 1 Rule 10 CPC filed by the present petitioner applicant is allowed. (DR.VINEET KOTHARI),J. Item no.48 baweja/-