Prem Narayan vs Navi Mohammad
2023 Latest Caselaw 425 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        FA No. 201 of 2015
                                              (PREM NARAYAN Vs NAVI MOHAMMAD AND OTHERS)

                          Dated : 06-01-2023
                                 Shri Akshansh Shrivastava - Advocate for appellant.

                                 Ms. Nandini Tiwari - Advocate for respondent No.1.

Heard on I.A. No.2669/2022, an application under Order 1 Rule 10 of the CPC.

It is submitted by counsel for the appellant that the appellant had filed a

suit for specific performance of contract.

During the pendency of this appeal, the respondent has alienated the property to the proposed respondent No.3, Kartikey Sahu.

In the light of judgment passed by the Supreme Court in the case of Durga Prasad & Anr. vs. Deep Chand & Ors., AIR 1954 SC 75 , the purchaser is also a necessary party and accordingly, it is prayed that the subsequent purchaser be impleaded as respondent No.3.

The application is not opposed by learned counsel for the respondents. Accordingly, I.A. No.2669/2022 is hereby allowed.

Let the necessary amendment be carried out within seven working days. Issue notice of this appeal to the newly added respondent No.3 Kartikey Sahu on payment of process fee by registered as well as ordinary mode. Process fee be paid within 3 working days.

Interim relief granted on earlier occasions shall continue till the next date of listing.

(G.S. AHLUWALIA) Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/9/2023 6:18:38 PM

JUDGE pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/9/2023 6:18:38 PM