J"-^- HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (Art. 2271 No.4372 of2011 PETITIONER/: (Plaintiff) RESPONDENTS/: (Defendants) 1. 2. 3. 4. 7. 8. 9. Udya Sahkari Grih Nirman Sanstha Maryadit, Office Udya Nagar, Tatibandh, Raipur, Tahsil & District Raipur (CG) Through its President Shri A. Gopal Shastri, aged about 56 years, S/o Shri M.A. Shastri, Udya Nagar, Tatibandh, Raipur, Tahsil & Distt. Raipur (CG) Through present President who succeeded Shri A. Gopal Shastri, namely Shri Somnath Sahu, S/o Shri Ghussu Sahu, aged about 50 years, R/o Udya Nagar, Tatibandh, Raipur, Tahsil & Distt. Raipur (CG) Versus Jagdish Sahu, S/o Shri Banau Sahu Ramjee Sahu, S/o Shri Banau Sahu Sukhram Sahu S/o Late Jeedhan Sahu Ankalha Sahu S/o Late Jeedhan Sahu 5. Tukaram Sahu, S/o Late JeedhanSahu 6. Tularam Sahu, S/o Late Jeedhan Sahu Samliya Sahu, So Late Jeedhan Sahu Parmeshwar Sahu, S/o Late Jeedhan Sahu All the above respondents No.1 to 8 R/o Near Bamleshwari Mandir, Ram Sagar Para, Raipur, Tahsil and Distt. Raipur (CG) Ratan Dhangar, S/o Shri Govind Dhangar, R/o Boria Khurd, Tahsil and Distt. Bilaspur (CG) 10. State of Chhattisgarh, Through Collector, Raipur, Distt. Raipur (CG) {Petition underArticle 227 ofthe Constitution of India} !H Present: Mr. Abhishek Sinha with Mr. Ghanshyam Patel, counsel for the petitioner. Mr. Vinod Kumar Tekam, Panel Lawyer for the State/respondent No.10. ^n j liss 2 _^ Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORAL ORDER (25-8-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioner has challenged legality and propriety of the order dated 22-3- 2011 passed by the 7th Additional District Judge, Raipur in Civil Suit No.2-A/2009 whereby the application filed on behalf of the petitioner herein under Order 1 Rule 10 (2) read with Section 151 oftheCPC has been dismissed substantially on the ground that in case of specific performance of contract, the seller & the purchaser, only two persons, are necessary party. 2. After arguing for some time, learned counsel for the petitioner submits that by filing application under Order 1 Rule 10 (2) read with Section 151 of the CPC, the petitioner herein has not given detail description about the transaction and has not explained that as to how the alleged new party i.e. the Janta Grih Nirman Sahkari Sanstha Maryadit, Ram Nagar, Raipur was necessary party. Learned counsel further submits that the petitioner has also not filed any application for amendment in the pleading. Therefore, learned counsel seeks to withdraw the petition with liberty to file appropriate applicafion for amendment of pleading before the trial Court and exhaustive & comprehensive application under Order 1 Rule 10 (2) read with Section 151 ofthe CPC for impleading the Janta Grih Nirman Sahkari Sanstha Maryadit, Ram Nagar, Raipur as necessary party. 3. The petition is dismissed as withdrawn with the aforesaid liberty. If such applications are filed, the trial Court shall decide the same on their own merits without being influenced by the order of this Court or by the previous order passed by it. No order as to costs. 4. Consequently, I.A.No.1 stands disposed of. Soma Sd/- T.P. Sharma Judge