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VIPIN CHANDRA DIXIT
Neelam Yadav – Appellant
Versus
Shree Devi – Respondent
JUDGMENT :
1. Heard Sri Dharmala Yadav, learned counsel for the petitioners and Sri Gaurav Tripathi, learned counsel for plaintiffs-respondent Nos. 1 & 2 and perused the record.
2. This Misc. Petition under Article 227 of the Constitution of India has been filed by the petitioners for setting aside the order dated 7.4.2022 passed by Additional Civil Judge(Senior Division), Etawah rejecting the Application No.162-Ka for impleadment in Original Suit No. 234 of 2009 and order dated 30.5.2022 passed by the District Judge, Etawah in Civil Revision no. 16 of 2022 by which the civil revision filed by the petitioners was rejected.
3. Brief facts of the case are that plaintiffs-respondents had filed a suit for specific performance of the agreement to sell with respect to suit property on 28.5.2009. The suit was registered as Original Suit No. 234 of 2009. It is pleaded in the plaint that the defendant Nawab Singh is owner in possession of 0.67 dismal land of Khata no. 127, Bhumidhari no. 80-Kha area 0.9102 hectare situated in Village Manikpur Vishu, District Etawah. The defendant was agree to sell 0.48 dismal land of his share of 0.67 dismal on consideration of Rs.27 lakhs and had received Rs.
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 prior purchasers of the property are necessary and proper parties to a suit for specific performance.
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 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.
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