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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Balbir Singh Sandhu – Appellant
Versus
Kuldeep Singh – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The instant revision petition, preferred under Article 227 of the Constitution of India, assails order dated 03.12.2024 (Annexure P-13), passed by the Court of Additional Civil Judge (Sr. Divn.), Ajnala, vide which the application moved by the petitioners under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (for short, 'CPC') for impleading them as defendants was dismissed.
2. A suit for specific performance of agreement to sell dated 04.05.2018, stated to have been executed by Beer Kaur in favour of respondents No.1 & 2/plaintiffs (Kuldeep Singh and Harpal Singh), as regards land measuring 49 kanals 10 marlas (fully described in the plaint), situated in the revenue estate of Village Dhariwal, Tehsil Ajnala, District Amritsar, along with consequential relief of permanent injunction, was filed by the respondents/plaintiffs. Written statement (Annexure P-2) was filed by Beer Kaur. Upon filing of replication, issues were framed on 20.04.2023. Evidence of the plaintiffs was closed on 10.05.2024.
3. An application (Annexure P-11) was moved by the petitioners under Order 1 Rule 10 read with Section 151 CPC for impleading them as defendants No.2, 3 & 4. It
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 with a legitimate claim over property can be added as a defendant in a specific performance suit to ensure complete adjudication.
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.
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.
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