Back
ANOOP KUMAR DHAND
Harish Kumar – Appellant
Versus
Usha Devi – Respondent
ORDER :
Anoop Kumar Dhand, J.
Since, common question of law and facts are involved in these petitions, hence, with the consent of the counsel for the parties, both the matters are taken up and are being decided by this common order.
2. For the sake of convenience, the prayer mentioned in S.B. Civil Writ Petition No.13674/2022 is taken into consideration, the instant writ petition has been filed by the petitioner with the following prayer:-
I) Issue a writ order or direction in the nature thereof thereby quash and set aside the impguned order dated 28.05.2022 (Annexure-7) passed by learned trial Court in Civil Suit No.17/2009 titled as Prahlad Kumar v. Smt. Usha and Ors.
II) Issue a writ order or direction in the nature thereof thereby the applications dated 08.12.2021 filed by the petitioner for impleadment may kindly be allowed.
III) Any other order or direction which the Hon'bl Court deems fit and proper may kindly be passed in favour of the petitioner.
IV) Cost of the writ petition be also awarded in fa
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.
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 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 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.
A third party cannot be impleaded in a suit for specific performance if their presence is not necessary to resolve the original contract dispute, as it alters the nature of the suit.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
