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NYAPATHY VIJAY
Bojja Bhasakara Rao – Appellant
Versus
Vaschavai Ramanamma – Respondent
ORDER :
Nyapathy Vijay, J.
1. The C.R.P. No.6261 of 2018 is filed against the interlocutory order dated 19.09.2018 in I.A. No.2334 of 2018 in O.S. No.39 of 2013 passed by the Principal Junior Civil Judge, Kandukur, Prakasam District. The C.R.P. No.6262 of 2018 is filed against the interlocutory order dated 19.09.2018 in I.A. No.2335 of 2018 in O.S. No.39 of 2013 passed by the Principal Junior Civil Judge, Kandukur, Prakasam District.
2. The petitioner is the plaintiff. The I.A. No.2334 of 2018 was filed seeking to re-open the suit to the file. The I.A. No.2335 of 2018 was filed to implead the 5th respondent. The trial court after considering the contentions of respective parties dismissed the I.A.s, Hence, the present CRPs are filed.
3. Heard Sri Raj Kumar, learned counsel for Sri V. Siva Prasad Reddy and Sri Balaji Varma, learned counsel appearing for Sri I. Gopal Reddy, learned counsel for the respondents.
4. The counsel for the petitioner would contend that the proposed respondent is a necessary party/proper party to the suit for enforcement of decree of specific performance. The counsel for the respondents opposed the same on the ground that the claim against the proposed defendant
Limitation does not bar the impleading of subsequent purchasers in specific performance cases if the sale deed is not challenged, affirming the necessity of their involvement for decree enforcement.
The doctrine of lis pendens applies to suits for specific performance, limiting rights of subsequent purchasers unless they are permitted to intervene. The court ruled that the trial court erred in d....
Agreement to Sell – There is no absolute proposition that whenever a suit for specific performance is filed, no third person can be impleaded as party to suit – In order to avoid multiplicity of proc....
The court ruled that third parties may be necessary in specific performance suits to avoid multiplicity of litigation, allowing their impleadment and amendment of the suit.
The main legal point established in the judgment is that the court has the discretion to determine whether a party is necessary for effective adjudication of the issues involved in the suit, and the ....
In specific performance suits, a plaintiff cannot be compelled to join third parties, preserving their control over the litigation.
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