iaithauuu—.. ..V^'L-^^^-, •i.'^-L-^-^. ~_. .„-, aj c Y^'s, <\- .; IN THE HON'BLE HIGHCOURT OF JUDICATURE AT BILASPUR (C.G.) W.P. (227) N0. G-<^3 /2009S.B. PETITIONER/ APPLICANT Vipul Kumar Jain S/o Shri Premkaran Jain, agedabout 52 years, R/o Civil line, Raipur (C.G.) VERSUS RESPONDENTS/ (Plaintiffi (Defendantt ^^^ ^%^i ....-^%v^ ,a';>~''^.••'" 1. Satish Kumar Dani, aged about 46years, S/o Beniram Dani, R/o Dani Para, Purani Basti, Raipur (C.G.) 2. Girish Kumar Jain, aged about 54 years, S/o Shri Premkaran Jain, R/o Civil line, Raipur, Place of Business: Vijay Stores, Naya para, opposite Dr. Matreja., Raipur (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA il*,—A,.ltliinnlnli t—«.Ltl».>»n!+n *in i i *"i<-I<"klf © f ^l 1:1 «.;^' 1-1! IH.,,^."^-'1 Uj..u"*" HIGH COURT OF CHHATTISGARHAT BILASPUR Sinale Bench: Hon'ble Shri Justice Prashant Kumar Mlshra Writ Petition (227) No.6633 of 2009 Petitioner Respondents vereus Vipul Kumar Jain Satish Kumar Danj and another Present: Smt. Renu Kochar, counsel forthe petitioner. Writ Petition under Article 227 ofthe Constitution of tndia ORDER (Passed on Nh Jariuary, 2010) Heard on I.A.No.2 for taking document (Annexure P-7) on record. I.A.No.2 is allowed and the document is taken on record. 2. Heard on admission. 3. By theimpugned order dated 29-9-2009 passed by the 7th Additional District Judge, Raipur (Annexure P-1), the learned trial Court has rejected the petitioner's application under Order 1 Rule 10 of the Code of Civ^Procedure for joining himself as a party - defendant in a suit for specific performance of agreement dated 15-11 -2005 executed between the plaintiffand the defendant. 4. The petitioner has filed a eopy of the said agreementalpng with the application fortaking docyment on record (I.A.No.2). Qn a reading of the agreement, it appeare that thepetitioner is not a party to the agreement. The leamed trial Court has afso found that the petitioner is nota party to the agreement. Therefore, thepetitioner is neifher a •2- necessary nor a proper partytotheagreementand that it isnotacase where the decision of the suit will not be possible without impleadjng the petitioner. 5. In the opinion ofthis Court, thetrial Court has not ppmmitted any errorof law orjurisdiction in rejecting thepetitioner's applicatjon under Order 1 Rule 10 ofthe Code ofCivil Procedure. 6. The writ petition fails arid is hereby dismissed at the admission stageitself. i Sd//- PrashantKumarMishra Judge K .'s-..