Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for specific performance of contract---Stranger to the contract---Impleadment of party---Scope---Intervener could not be a proper or necessary party in the suit for specific performance of contract as he had no privity to the contract sought to be enforced---No justification existed to implead interveners as defendant in a suit for specific performance of contract---Only contracting parties were supposed to be before the court in the suit for specific performance of contract---Stranger could not be impleaded as party in such suit. ORDER C.M.As. Nos.354 OF 2009 AND 945 of 2013 NAZAR AKBAR, J.--- Through this application under Order I, Rule 10, C.P.C., Mr. Neel Keshov, learned counsel for the Interveners claims that his Clients should be allowed to join proceedings as defendants because they are the Villagers of Abdullah Shah Ghazi Village and in occupation of 4-00 acres land of suit property since the time of their forefathers. He has informed that during pendency of this application the Interveners have already filed a Civil Suit bearing No.1189 of 2013 claiming ownership of the suit property in which they have already impleaded the Plaintiffs and the defendants herein as defendants in their suit along with Government Officials. Mr. Yawar Farooqui, learned counsel for the plaintiffs has opposed this application on the ground that the Interveners are now already in Court by filing a separate suit for determination of their title in the suit premises and, therefore, they are not entitled to become party in these proceedings. He has drawn my attention to the following passage from the order dated 13-9-2013, which was passed in presence of Mr. Neel Keshov, learned counsel for Interveners. "The Interveners have not been made party in this case till date as their application under Order I, Rule 10, C.P.C. (C.M.A. No.945 of 2013) is still pending and apparently they have entered in this case when the case was already fixed for final disposal as the official defendants have not contested the claim of the plaintiff, rather the order sheets referred above indicate that one…

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