'A' FILES A SUIT TO ENFORCE AGREEMENT OF SALE AGAINST 'B'. DURING PENDENCY OF THE SAID SUIT, 'C' FILES AN APPLICATION UNDER ORDER 1 RULE 10 C.P.C. TO IMPLEAD HIM AS SECOND DEFENDANT IN THE SAID SUIT, CONTENDING THAT HE IS THE RIGHTFUL OWNER OF THE SUIT PROPERTY UNDER A REGISTERED GIFT DEED AND THAT HE HAS ALSO FILED A SEPARATE SUIT AGAINST 'B' FOR PERMANENT INJUNCTION AND OBTAINED EXPARTE DECREE AGAINST 'B' AND THAT NEITHER 'A' NOR 'B' HAS GOT ANY POSSESSION OVER THE SAID SUIT PROPERTY AND THAT 'C' ALONE IS IN POSSESSION OF THE SAID PROPERTY.
NOW THE QUESTION IS WHETHER 'C' CAN BE IMPLEADED AS SECOND DEFENDNAT IN THE SAID SPECIFIC PERFORMANCE SUIT?
