i.e. Regular Civil Appeal No.154 of 1987 was decided by the common
judgment by the first Appellate Court on 12.02.1998. Even at the first
appellate stage, there was no attempt by him to get himself added as
party to the proceedings. According to him, i.e. from the contents of the
present application, it can be gathered that he was having every
knowledge about what is happening in the litigation. Merely because
there was some agreement between the plaintiffs and the applicant and
he would have helped financially, that does not get him a vested right in
the property. If at all there is an agreement which he can specifically
enforce against the plaintiffs, he would be at liberty if the law permits.
However, he cannot be said to be a necessary party much less proper
party, who can be added under Order I, Rule 10 of the Code of Civil
Procedure. Now, when the matter is compromised, it appears that he is
feeling aggrieved. He cannot be added as party at any cost because his
interest is different from the interest and rights of the party involved in
the litigation in second appeal. Under such circumstance, there is no
merit in the application. It deserves to be rejected. Accordingly, it is
rejected and the compromise is recorded separately.
