Code of Civil Procedure, 1908–Sec. 96 & Order 1, Rule 10–Application under–Dismissed–During the pendency of suit for cancellation of sale deed, the defendant entered into the agreement for sale of part of land with the petitioner–Thereafter, petitioner filed the application under Order 1, Rule 10 for his impleadment–Rejection of application–Writ petition against–During the pendency of writ petition, the suit was decreed on the basis of compromise between the parties–Instant leave to appeal–Maintainability–Held, petitioner did not acquire any absolute right through the agreement of sale–Further, even if any right is available to him, it would be qua only to defendant V–Furthermore, the petitioner was aware of the fact of pendency of litigation at the time of execution of agreement–He filed the application under Order 1, Rule 10 after the compromise had been filed before the Court–Held, petitioner is not the aggrieved party and not entitled to be granted the leave to challenge the judgment and decree.
