Code of Civil Procedure, 1908–Order 1, Rule 10–Specific Relief Act, 1963–Sec. 12–Order of allowing the application under Order 1, Rule 10–Set aside by the High Court by exercising the supervisory jurisdiction–Justification–Observation of High Court that the entire transaction between the defendant no. 3 and the applicant (herein the appellant) is doubtful as the defendant no. 3 is said to have obtained a probate on the strength of one particular Will and on the strength of that probate, he is said to have executed first, an agreement of sale in favour of the applicant–The genuineness of the transaction, if any, including the genuineness of the documents is to be looked into in the course of the trial–Presence of appellant in the suit is required for proper and effective adjudication of the dispute–Impugned orders passed by the High Court are liable to be set aside.
