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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. J. JAMADAR
Sanjay Mahadev Bakare – Appellant
Versus
Bebi Shankar Patil – Respondent
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and with the consent of the Counsel for the parties, heard finally.
2. The petitioner - plaintiff takes exception to an Order dated 1st December 2022 passed by the learned Civil Judge, Kolhapur on an Application (Exhibit-157) in Special Civil Suit No. 319 of 2010, whereby the application preferred by the petitioner to implead a subsequent transferee as a party-defendant to the suit and also carry out necessary and consequential amendment in the Plaint came to be rejected.
3. Shorn of superfluities the background facts can be stated as under:
3.1 For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity they are arrayed before the Trial Court.
3.2 Under an Agreement for Sale dated 30th April 2007, defendant nos. 1 and 2 agreed to sale the suit property for a consideration of Rs. 75 lakhs. Under the said Agreement, the defendant nos. 1 and 2 accepted a sum of Rs. 5 lakhs. Further amounts were received towards part consideration. Under the terms of the Agreement, the Sale Deed was to be executed after disposal of First Appeal No. 96 of 2002. The said appeal was disposed by an Order dat
The necessity of impleading a subsequent transferee in specific performance suits is recognized, but must be balanced against limitations and the stage of proceedings.
In specific performance actions, a power of attorney holder does not automatically constitute a necessary party unless there is evidence of property interest; late amendments are permissible only wit....
Point of Law : Presence of the transferee pendent lite is necessary for complete and effective adjudication of the suit and issues involved therein and the court below has exercised its discretion in....
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
A third party seeking impleadment must demonstrate a direct legal interest in the case, and the court retains discretion to allow or deny such applications based on the specifics of the case.
Addition of the proposed defendant would result into causing serious prejudice to the plaintiff and the substitution or the addition of a new cause of action would only widen the issue which requires....
The decision to allow subsequent purchasers as parties in specific performance suits is justified when they demonstrate a semblance of title or interest to the property, supporting effective judicial....
A transferee pendente lite is entitled to be impleaded in specific performance suits to protect their interests, validating the need for comprehensive adjudication of rights over the property.
The Supreme Court clarified the distinction between necessary and proper parties under Order 1 Rule 10 of the Civil Procedure Code, emphasizing that even if a party is not necessary, their presence c....
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