Law: Civil Procedure Code (V of 1908)

Section: O. I, r. 10

Civil Procedure Code (V of 1908), O. I, r. 10-Parties to suit-Impleading nr refusing to implead party to a suit-Court exercises its discretion in matter-Suit for specific performance of contract between A and B compromised-Person not party to suit thereafter applying for being impleaded as part v-Court, held, justified in refusing to implead such person at that stage. Date of hearing : 8th February 1972.                                                                                                          JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave is from an order of the High "Court of Sind & Baluchistan, refusing the petitioner's application under Order 1, rule 10 of the Code of Civil Procedure. It appears that the petitioner and respondent No. 3 entered into partnership on 27-2-1952 for the purpose of purchasing lands and selling them and sharing the benefits arising out of such transactions. In the year 1968 respondent No. 3, by two contracts agreed to sell to respondents Nos. 1 and 2 28 acres of land out of 68 acres of land purchased by the said partnership firm. Disputes, however, arose between the two partners, and a suit for rendition of accounts was filed by the petitioner on 10-8-1970. A preliminary decree was passed and a Commissioner was appointed to take accounts. During the pendency of this suit respondents Nos. 1 and 2 filed a suit against…