Back
ANIL KSHETARPAL
Kulbhushan – Appellant
Versus
Bhupinder Kaur – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J. (Oral)
The plaintiff's (petitioner's) suit for possession by way of specific performance of the agreement to sell is pending before the trial court. The suit has been filed against Smt.Bhupinder Kaur and late Sh.Piara Singh. Sh.Piara Singh is said to have died and his legal representatives have already been impleaded. During the pendency of the suit, the plaintiff filed an application under Order VI Rule 17 read with Order I Rule 10 of the Code of Civil Procedure, 1908, with a prayer to implead Sh.Baljinder Singh as party defendant on the ground that he has received Rs.6,00,000/- (Rs.2,00,000/- on 21.03.2007 and Rs.4,00,000/- on 16.04.2007) on behalf of Smt.Bhupinder Kaur-his aunt. The trial court has dismissed the application on the ground that Sh.Baljinder Singh is not a necessary party and the plaintiff or the defendant, if so advised, may produce Sh.Baljinder Singh as a witness. The correctness of the aforesaid order is challenged in this revision petition.
2. Learned counsel representing the petitioner contends that Sh.Baljinder Singh has received the substantial part of the earnest money and if the plaintiff is found entitled to alternative rel
Only parties to an agreement to sell are necessary to be impleaded in a suit for specific performance; representatives do not qualify as necessary parties.
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 ....
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 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.
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....
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.
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.
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 ....
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
