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VIKRAM AGGARWAL
Mohd. Kamil – Appellant
Versus
Ajaib Singh – Respondent
VIKRAM AGGARWAL, J.
1. The present revision petition assails the order dated 22.05.2023 (Annexure P-4), passed by the Court of the Civil Judge (Junior Division), Bilaspur, vide which the application filed by the petitioner under Order 1 Rule 10 CPC for impleading him as a party-defendant was dismissed.
2. A civil suit for possession by way of specific performance on the basis of agreement to sell dated 04.02.2008 was filed by respondent No.1-Ajaib Singh against respondent No.2-Inderjeet Kaur. It was averred that Inderjeet Kaur had entered into an agreement to sell dated 04.02.2008 with Ajaib Singh agreeing to sell land measuring 01 kanal 12 marlas situated in Village Chhachhrauli, Tehsil Chhachhrauli, District Yamuna Nagar at the rate of Rs.700 per square yards. During the pendency of the suit, an application under Order 1 Rule 10 CPC (Annexure P-3) was filed by the present petitioner seeking to be impleaded as a party/defendant. The ground taken was that Inderjeet Kaur had executed an agreement to sell with regard to the same land with him also on 16.08.2017. The application was however dismissed by way of impugned order dated 22.05.2023 (Annexure P-4) leading to the filing of the p
A party can only be added to a suit if there is a right to some relief against that party in respect of the controversies involved in the proceedings.
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....
The main legal point established in the judgment is that the court has the discretion to determine whether a party is necessary for effective adjudication of the issues involved in the suit, and the ....
The court held that parties whose presence is necessary for effective adjudication must be impleaded, affirming that the discretion to add such parties lies with the court to avoid multiplicity of su....
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.
In a suit for specific performance, a subsequent purchaser may be impleaded for proper adjudication if their rights are affected.
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