Law:

Section:

Specific Relief Act (1 of 1877)-------Ss. 12 & 19---Civil Procedure Code (V of 1908), 0.1, R.10---Suit for specific performance of agreement to sell---Impleading of party--- Application for---Application under 0.I, R.10, C.P.C. was filed by plaintiff during pendency of' suit seeking joinder of intervenors as a party to the suit on the ground that during pendency of suit, defendant having sold the property in favour of intervenors, they were necessary and proper party to the suit---Validity---Where in a suit for specific performance, it appeared that agreement was not capable of specific performance, the Court could decline same and award compensation or damage---Agreement, in the present case, having been rendered incapable of specific performance, claim for award for compensation in terms of S.19 of Specific Relief Act, 1877 Could always be entertained and suit could be treated accordingly. PLD 1992 SC 80 ref. Azizuddin Qureshi for Plaintiff. Shaukat Hayat for Defendant. ORDER MUSHIR ALAM, J.--- This application (C.M.A. No.2407 of 2003) under Order I, rule 10, C.P.C. seeks joinder of intervenors as a party to the suit on the ground, inter alia, that during the pendency of the suit, defendant, Mst. Nilofar Minhaj Hussain, sold the property in favour of the intervenors therefore, they are necessary and proper party to the suit. Mr. Shukat Hayat, learned counsel contends that the intervenors are not at all necessary party. He contends that the intervenors were not aware of the pendency of the suit and litigation between the parties. The property was acquired after due publication of notice in the newspaper and due care was exercised. It is urged that they are purchasers without notice of any lis pendens in this Court. They have incurred expenses in maintaining or uplifting the property and even sought subdivision and mutation in the name of respective intervenors namely. Muhammad Muzammil Hussain and Muhammad Akhtar Inam of independent part of subdivided the suit property and even new construction has been raised. He further contends that the separate utility metters have also been installed. Mr. Azizuddin Qureshi, learned counsel for the plaintiff contends…

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