IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.611 of 2007 JAY PRAKASHS SAO & ORS Versus BIJAY KUMAR GUPTA & ORS ----------- 03. 06.05.2008 Heard learned counsel for the petitioners. This petition is being finally heard at this stage at the instance of petitioners. This civil revision has been filed on behalf of plaintiffs-petitioners challenging order dated 19.12.2006 by which the learned Subordinate Judge-II, Lakhisarai, rejected their application under Order VI Rule 17 of the Code of Civil Procedure for impleading two persons as defendants in Title Suit No.24 of 2003. The aforesaid suit was filed by plaintiffs-petitioners for specific performance of contract dated 04.03.2003 between the parties to the suit. The defendants appeared and contested the suit. A petition dated 17.07.2006 was filed by the plaintiffs-petitioners under Order VI Rule 17 of the Code of Civil Procedure for adding two persons as defendants claiming to be their co-shares. The said petition has been rejected by the learned court below by the impugned order on the basis of the settled principles of law that in a suit for specific performance of contract only those persons can be impleaded, who are parties to the agreement and persons, who are not parties to the agreement cannot be allowed to be added. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned - 2 - order of the learned court below and accordingly, this civil revision is dismissed. harish (S.N. Hussain, J.)