IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 4941 of 2010 Date of Decision : September 30, 2010. Naveen Kumar and another ...... Petitioners Versus. Jaswinder Kaur and others ..... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH. Present:- Mr. Sanjiv Gupta, Advocate, for the petitioners. Mr. S.M. Sharma, Advocate, for the respondent No. 1. Mr. Sushil Bhardwaj, Advocate, for the respondents No. 6 and 7. ALOK SINGH, J. (ORAL). The present petition is filed, challenging the Order dated 27.07.2010, passed by the Civil Judge (Junior Division), Pehowa, whereby the application moved by the present petitioners/3rd party, seeking impleadment in a suit for declaration filed by the plaintiff against the defendants, was dismissed. The main contention of the plaintiff is that the petitioners had filed another previous suit for specific performance of contract against the defendants No. 1 and 2 and to deprive the plaintiff from decree of specific performance, present suit with the collusion of the defendants, was filed. The brief facts of the case are that the plaintiff had filed a suit for declaration against the defendants. Prior to filing of the present suit, the present petitioners had filed a suit for specific performance of contract against the defendants No. 1 and 2 herein. The suit for specific performance filed by the petitioners was decreed by the first appellate Court in Civil Appeal No. 149 of 2008, vide judgment dated 08.09.2009, directing the defendants No. 1 and 2 herein, to execute agreement to sell in favour of the petitioners herein. CR No. 4941 of 2010 -2- However, the appellate Court had directed that execution and registration of the sale deed in consequence of the agreement to sell in question, shall be subject to decision of the Civil Suit No. 10 of 2006, i.e., present suit. The petitioners herein, had moved an application under Order 1 Rule 10 CPC, seeking impleadment, which was declined, vide impugned Order. I have heard counsel for the parties and have perused the records. Undisputedly, the appellate Court, vide judgment and decree dated 08.09.2009, in a suit for specific performance filed by the petitioners against the defendants No. 1 and 2, had observed that execution and registration of the sale deed pursuant to the decree of specific performance of contract, shall be subject to final decision of Civil Suit No. 10 of 2006. In the opinion of this Court and in view of the aforesaid observation, the petitioners are proper and necessary parties to protect their interest, pursuant to the decree passed in their suit. The present petition is allowed. The petitioners are directed to be impleaded as defendants. (ALOK SINGH) JUDGE September 30, 2010. sjks.