KURIAN JOSEPH, R.BANUMATHI
Life Insurance Corporation of India – Appellant
Versus
Sanjeev Builders Pvt. Ltd. – Respondent
The Supreme Court allowed the appeal by the Life Insurance Corporation of India against the Bombay High Court's decision affirming the Single Judge's order impleading respondent No. 3 as Plaintiff No. 3 in a 1986 suit for specific performance of a 1979 sale agreement.[1000621770001] (!) (!) Respondent No. 1 filed Suit No. 894/1986 seeking specific performance or damages, alleging the agreement was not rescinded despite the appellant's claim of rescission in 1984; respondent No. 1 later assigned interest to respondent No. 2, its sister concern.[1000621770002] In 2014, respondent No. 3 filed Chamber Summons No. 187/2014 claiming a 1987 assignment from respondent No. 1 (with respondent No. 2's consent) and seeking impleadment as Plaintiff No. 3 plus amendment of the plaint.[1000621770003] The appellant opposed on grounds of 27-year delay post-suit filing and issues framing, non-bona fide assignment, and lack of transferable rights post-rescission.[1000621770003][1000621770005] The Single Judge allowed impleadment, holding merits to be tried later, assignment permissible without appellant's consent, and delay not fatal.[1000621770004] The Division Bench dismissed the Letters Patent Appeal.[1000621770001]
The Court held the Single Judge's order was a "judgment" under Letters Patent Clause 15, as it vitally affected the appellant's valuable defense rights after 27 years, enabling the appeal.[1000621770008][1000621770009][1000621770010] (!) (!) (!) Under Order 22 Rule 10 CPC, suits may continue by leave of court post-assignment pendente lite, but discretion must be exercised judiciously, not arbitrarily.[1000621770011] (!) (!) Mere assignment allegation is insufficient; impleadment applications in specific performance suits require filing within reasonable time to avoid prejudice.[1000621770012][1000621770013] (!) (!) (!) Here, the 27-year unexplained delay caused serious prejudice to the appellant's accrued defense rights in commercial litigation between companies.[1000621770013][1000621770015] No prior application under Order 22 Rule 10 was filed; the summons sought direct amendment, which should not be liberally allowed to defeat rights despite general policy favoring amendments to avoid multiplicity.[1000621770014][1000621770015]
The impugned judgment was set aside, appeal allowed, and Chamber Summons No. 187/2014 dismissed.[1000621770016]
JUDGMENT :
R. Banumathi, J.
Leave granted.
2. This appeal arises out of the judgment of the High Court of Judicature at Bombay dated 22.08.2014, in and by which, the Division Bench dismissed the appeal filed by the appellant thereby affirming the order of the Single Judge in Chamber Summons No.187 of 2014 by which the respondent No.3 was impleaded as Plaintiff No.3 in Suit No.894 of 1986.
3. The respondent No.1 filed suit No.894 of 1986 against the appellant for specific performance of the agreement of sale dated 08.06.1979 by which the appellant is said to have agreed to sell the suit property to respondent No.1 and in the alternative directing the appellant to pay a sum of Rs.10,75,021.05 with further interest on the sum of Rs.4,52,778/- at the rate of 18% per annum from the date of the suit till payment or realization. According to the appellant, the said agreement has been rescinded on 28.11.1984. The respondent No.1 is said to have assigned the interest to respondent No.2, their sister concern.
4. In the year 2014, respondent No.3-Kedia Construction Company Limited filed Chamber Summons No. 187/2014 stating that subsequent to the filing of the suit, with the consent of respondent N
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.