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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Sushila Gopal Tejale – Appellant
Versus
Babanbai Sakharam Chandramore – Respondent
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.
2. As the challenge in these Petitions is to the orders passed by the learned Civil Judge, Senior Division, Nashik, in the same Suit, i.e., Special Civil Suit No. 87 of 2010 and the determination of one bears upon the other, the Petitions were heard together and are being decided by this common judgment.
3. The background facts necessary for the determination of these Petitions can be stated as under:
3.1 The properties bearing Survey Nos. 78/13, 78/17 and 78/16 situated at village Dasak, District Nashik, more particularly described in paragraph 2 of the Plaint, are the ancestral properties of the Defendants - Respondents.
3.2 The Defendants intended to sell the suit properties. On 24th March 2000 and 5th May 2000, the Defendants executed three Agreement for Sale in favour of the Petitioner. The consideration was accepted by the Defendants in cash and by way of cheques. Sakharam Waman Chandramore, the predecessor-in-interest of Defendant Nos. 1 to 4, had acknowledged the responsibility to complete the transaction and execute the conveyance. In t
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Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
The court affirmed the principle that parties with substantial interest must be joined for effective adjudication in specific performance suits, emphasizing judicial discretion under Order 1 Rule 10.
The main legal point established in the judgment is the requirement of due diligence, as contained in the proviso to Order VI, Rule 17 of CPC, and the factors necessary to be considered while decidin....
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