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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Amit Rathaur – Appellant
Versus
Sunita Chaudhary – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 12.04.2024 (Annexure P-8) passed by the Civil Judge (Junior Division), Faridabad, vide which the applications filed by the petitioner under Order 1 Rule 10 read with Section 151 CPC and under Order 6 Rule 17 read with Section 151 CPC have been dismissed.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. Learned counsel for the petitioner has submitted that in the present case, the petitioner had filed a suit for specific performance of the agreement to sell dated 15.05.2018 and 18.12.2018. It is further submitted that in the said case, the defendant-respondent had filed a written statement on 21.09.2020 (Annexure P-2), in which, it was stated by the defendant that she was the owner and in possession of the suit property and that she had not disclosed the fact that she had further sold the property. It is stated that immediately on learning about the said fact that the defendant had further sold the property, the petitioner moved the applications on 25.02.2022 for impleadment of the said purchaser as well as for amendment of plaint under
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 ....
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 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....
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.
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