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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RITU TAGORE
Usha Rani – Appellant
Versus
Shanti Parkash Jain – Respondent
JUDGMENT :
Ritu Tagore, J.
This revision is directed against the order dated 16.07.2019 (Annexure P-3) passed by learned District Judge, Panipat vide which an application (Annexure P-1) filed by the petitioners under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') for their impleadment as defendants/respondents in Civil Appeal No.367 of 2015 titled 'Subhash Chander and others Vs. Shanti Parkash Jain and others', pending adjudication, has been dismissed.
2. Learned counsel for the petitioners submits that respondents No.1 to 4 (plaintiffs before learned trial Court), instituted a suit No.141 of 2012 titled 'Shanti Parkash Jain and others Vs. Subhash Chander and others', for possession by way of specific performance of agreement to sell and permanent injunction with averments that respondent No.5 Subhash Chander (defendant No.1 before learned trial Court) on his behalf and on behalf of respondents No.6 to 8 (defendants No.2 to 4) and respondents No.9 to 17 (defendants No.5 to 14), entered into an agreement to sell dated 23.02.2005 regarding the suit land detailed in the plaint and also received earnest money of Rs.35,00,000/- (thirty five lakhs) u
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 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....
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.
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 ....
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
An applicant seeking impleadment must demonstrate a direct legal interest and right to relief concerning the controversy in a suit; absence of such a link renders the request for impleadment invalid.
A person claiming no right or interest in the subject matter of the suit Agreement, and having no obligation or liability under the Agreement, is neither a necessary party nor a proper party in a sui....
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
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....
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