Accordingly, the Petitioners have filed the suit, i.e., CS No.2134 of 2019, which is pending in the same Court for specific performance of contract and other consequential and ancillary reliefs. In the meantime, the recorded tenants alienated the property in favour of Plaintiffs-Opposite Party Nos.1 to 3 who filed the suit, i.e., CS No.357 of 2020 for eviction of the Defendant-Opposite Party No.4 who is a tenant under the Plaintiffs-Opposite Party Nos.1 to 3. Since CS No.2134 of 2019 filed by the Petitioners is for specific performance of contract in respect of the self same property, which is pending for consideration, the Petitioners filed an application in the present suit for being impleaded as parties to the suit. The said application has been rejected on the ground that the suit is for eviction of the tenant. Thus, the burden is on the PlaintiffsOpposite Party Nos.1 to 3 to prove that they are entitled to the relief claimed. If they fail to establish their case, the suit would fail. Presence of the Petitioners is not necessary for passing a decree in the said suit. It was further held that for effective for adjudication of the suit, presence of the Petitioners is not necessary and the suit would not render infructuous if the Petitioners are not made parties.
