V. SIVAGNANAM
N. Ranjitham – Appellant
Versus
Aquatex Engineering – Respondent
JUDGMENT :
V. SIVAGNANAM, J.
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decreetal order in C.F.R. No. 344 and 429 of 2024 in un-numbered IA of 2024 in C.O.S. No. 110 of 2023 dated 07.02.2024 passed by the Judge, Commercial Court, Coimbatore and thereby allow the above Revision.
1. The civil revision petition is filed to set aside the order and decreetal order in C.F.R. No. 344 and 429 of 2024 in un-numbered IA of 2024 in C.O.S. No. 110 of 2023 dated 07.02.2024 passed by the Judge, Commercial Court, Coimbatore.
2. The revision petition is the third party in COS No. 110 of 2023. The suit has been filed by the first respondent/plaintiff against the second and third respondents/defendants with a prayer for specific performance of Memorandum of Understanding dated 20.07.2022 after receiving the balance sale consideration of Rs. 5,47,94,101/- and to execute a sale deed and alternatively praying to pay a sum of Rs. 19,15,05,899/- with 24% interest besides permanent injunction against the defendants not to induct any third party into the possession.
3. According to the petitioner, she is one of the Directors of second responde
The main legal point established in the judgment is the criteria for determining a necessary party in a suit for specific performance, particularly in the context of the petitioner's status as a thir....
A party to a contract for sale is a necessary party in a suit for specific performance, while a person claiming adversely is not; the court recognized the petitioner as a proper party for effective a....
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.
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