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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
B.N. KARIA, J.
SADHNA ALPESH SHAH - Appellant
Versus
DHRUVKUMAR ANANTSHANKAR SHUKLA - Respondent
SPECIAL CIVIL APPLICATION NO. 18086 of 2019
Decided On : 01-10-2021
Civil Procedure Code,1908 – Order 1 Rule 10(2) – Contract - Agreement to Sell – Property - Respondent - original plaintiff filed Special Civil Suit against the respondent - original defendant for specific performance of contract - Before filing of suit, respondent No.1-plaintiff tried to snatch away possession of petitioners over suit land by taking law in their hands and they have filed criminal prosecution as well as Special Civil Suit - As per averments made by respondent - plaintiff an Agreement to Sell was executed by respondent -defendant in favor of respondent No.1 -plaintiff and sale consideration was fixed - Respondent- original plaintiff had paid sale consideration - As the defendant has not executed sale deed - Respondent No.1 -original plaintiff filed Special Civil Suit - That, the petitioners were necessary parties in the suit and in their absence, no decree can be passed by the Court below - That, the petitioners have right, title and interest in suit property claimed by respondent against respondent - That, in respect of controversy involved in proceedings and petitioners are necessary and proper parties presence of present petitioners is necessary in order to enable Court effectually to adjudicate upon and settle the questions involved in the suit - Whether respondent is entitled to a decree for specific performance of a contract for sale against respondent.
Finding of the Court : High Court allowed writ petition holding that since relief claimed against the original defendants and as no relief has been claimed against the appellant herein, he cannot be said to be a necessary or formal party - Hon’ble Apex Court confirmed the view taken by High Court holding that appellant cannot be impleaded as a defendant in suit for specific performance of contract between the original plaintiffs and original defendant against the wish of the plaintiffs - Judgement relied upon by learned advocate for petitioners would not be helpful to the petitioners as they are third party or strangers who cannot be added in a suit for specific performance, to avoid multiplicity of suits - In view of the above and for reasons stated, this Court is in complete agreement with view taken by the trial Court - No interference of this Court is called for - Petitioners cannot be impleaded as defendants in the suit for specific performance of the contract between the respondent
Result :Accordingly, present petition stands dismissed.
JUDGMENT :
Learned advocate for the petitioners has produced agreement to sale dated 13th April, 2017 which is taken on record.
1. By way of this petition, the petitioner have challenged the order dated 12.9.2019 passed by the learned 25th Additional Senior Civil Judge, Vadodara below Exh. 35 in Special Civil Suit No. 86 of 2018 whereby, the application preferred by the petitioners under Order 1 Rule 10(2) of Code of Civil Procedure to implead them as party defendant Nos. 2 to 4 in the suit was rejected.
2. The short facts leading to the present case are as under:-
3. Heard learned advocates for the respective parties.
4. Learned advocate for the petitioner argued that the order passed below Exh.35 is contrary to the provisions of Order 1 Rule 10(2) of CPC and bad in law. That, while referring Order 1 Rule 10(2) of CPC, the petitioners are necessary and proper party to the proceedings, and therefore, their presence is necessary to enable the Court effectually and completely to adjudicate upon and settle the question involved in the suit. That, looking to the documentary evidence produced in Special Civil Suit No. 238 of 2017, it was clear that the petitioners are not only proper parties to the present suit, but are necessary parties to decide the issue involved in the suit. That, the petitioners are residing in the suit premises, and therefore, before passing any final order or affect the issue, they are required to be heard by the Court below. That, the suit property is having common ownership and interest of the present petitioners are involved in the suit property. Learned trial Judge failed to appreciate the aforesaid submissions made before him and wrongly rejected the application below Exh. 35. That, the main ground for rejection of the application below Exh. 35 was that the petitioners have not produced documentary evidence alongwith the application below Exh.35 to show their rights in the suit property. That, both the suits are listed on the same day and were pending before the same Court, however, application below Exh. 35 was rejected by the Court below. That, the petitioners were under the bonafide impression that the documentary evidence produced in Special Civil Suit No. 238 of 2017 would be considered by the Court and it would be unnecessarily burdened the Court, therefore, petitioners have not produced the d
Court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff/appellant.
The prior purchasers of the property are necessary and proper parties to a suit for specific performance.
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
The main legal point established in the judgment is that a suit for specific performance can be filed only against the persons who have entered into a sale agreement, and the necessity of parties in ....
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....
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