Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Permission of selling the property or part thereof–Justification–Suit for specific performance of the contract–Though all the three essential ingredients were found in favour of the applicant, the trial Court granted such permission to non-applicant–Impugned order is arbitrary and capricious–Non-applicant is restrained to sell/transfer/create third party rights of the property.
