Back
VIKRAM AGGARWAL
Parkash Kaur – Appellant
Versus
Gurwant Singh – Respondent
JUDGMENT :
Mr. Vikram Aggarwal, J.
1. The present revision petition is directed against the order dated 30.08.2022 (Annexure P-3) passed by the Court of learned Civil Judge (Jr. Divn.), Patti, vide which the application filed by respondents No. 2 and 3 under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (for short the “CPC”) for being impleaded as defendants in the suit, was allowed.
2. The facts, as emanating from the revision petition, are that a suit for declaration by way of specific performance of an agreement to sell dated 13.02.2017 with regard to land measuring 68 kanals 14 marlas (fully described in the suit) situated within the revenue estate of Village Kot Data, Tehsil Patti, District Tarn Taran (hereinafter referred to as the “disputed land”) was filed by the petitioner-plaintiff against respondent No.1 (Gurwant Singh). The total sale consideration is stated to have been fixed at Rs.95 lakhs out of which, a sum of Rs.65 lakhs was paid on different dates starting from the date of execution of the agreement to sell till 20.09.2020. The balance amount was Rs.30 lakhs, which was to be paid on the date of execution of the sale deed, which was initially fixed as 13.02.201
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 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.
A third party with a legitimate claim over property can be added as a defendant in a specific performance suit to ensure complete adjudication.
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
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.
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....
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.
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
