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Thomson Press (India) Ltd. Vs. Nanak Builders & Investors Pvt. Ltd. [21/02/13]

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[Civil Appeal No. 1518 of 2013 arising out of Special Leave Petition (Civil) No. 24159 of 2009]. This appeal is directed against the order passed by the division bench of the High Court of Delhi in FAO No. 295 of 2008 affirming the order of the Single Judge and rejecting the petition filed by the appellant under Order 1 Rule 10 of CPC for impleadment as defendants in a suit for specific performance of contract being Suit No. 3426 of 1991filed by plaintiff-Respondent No.1. Although the case has a chequered history, the brief facts of the case can be summarized as under :- Mrs. Lakhbir Sawhney, Respondent No. 2 and son Mr. H.S. Sawhney, the predecessor of Respondent No. 3 (a) to (d) were the owners of the property known as "Ojha House" / "Sawhney Mansion", F-Block, Connaught Place, New Delhi. (These respondents shall be referred as "the Sawhneys "for the sake of convenience). M/s Nanak Builders and Investors Pvt. Ltd., Respondent No.1 is the plaintiff in the Suit. The plaintiff-RespondentNo.1 filed a suit in the High Court of Delhi being Suit No. 3426 of 1991against the defendants-respondents Sawhneys' for a decree for specificperformance of agreement. The case of the plaintiff-respondent is that on 29.05.1986 the defendant-respondent entered into an agreement with the plaintiff-respondent for sale of an area measuring about 4000 sq.ft. on the1st Floor of F-26, Connaught Place, New Delhi on the consideration of Rs.50 lakhs.

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