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A. BADHARUDEEN
Soosa Nayagam, S/o. Bernabas – Appellant
Versus
R. Sajeev Kumar, S/o. Radhakrishnan – Respondent
JUDGMENT :
(A. Badharudeen, J.)
Defendant Nos.1 and 2 in O.S.No.62/2009 on the files of the II Additional Sub Court, Thiruvananthapuram, assail decree and judgment in the above case in this appeal filed under Section 96 r/w Order XLI Rule 1 of the Code of Civil Procedure, 1908 (for short, ‘the C.P.C.’ hereinafter). The sole plaintiff is the respondent herein.
2. Heard the learned counsel for the appellants/defendants and the learned counsel appearing for the respondent/plaintiff, in detail. Perused the trial court records.
3. I shall refer the parties in this appeal as ‘plaintiff’ and ‘defendants’ with reference to their status before the trial court, hereafter.
4. Bereft of unnecessary embellishments, the case of the plaintiff is that defendant Nos.1 and 2 along with Sri.Better Joy, nephew of the 1st defendant, who owned and possessed plaint A schedule property, having an extent of 22 cents, agreed to sell the property in favour of the plaintiff and accordingly, initially on 18.2.2007, an agreement was executed in this regard by fixing the total value of the property at Rs.4 Lakh, out of which, Rs.25,000/-(Rupees Twenty Five Thousand only) was paid as advance sale consideration. Again,
Misjoinder of parties does not invalidate a suit against a necessary party; courts have discretion in granting specific performance based on established agreements.
Suit for Specific Performance – A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by court.
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 court affirmed that a suit for declaration does not necessitate all co-owners as parties if their interests don't impede the plaintiff's claims.
Non-joinder of necessary parties constitutes grounds for reversing or modifying a decree, requiring the trial court to provide opportunity for amendment before final judgment.
Dismissal of a suit for non-joinder of necessary parties without providing an opportunity to the plaintiff to implead the necessary parties is not a fair procedure and is legally impermissible.
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
Non-joinder of a necessary party is a ground to reverse or vary a decree in appeal, and the court may order a remand to afford an opportunity to implead the necessary party.
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