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M. G. UMA
Master Thejas – Appellant
Versus
C. R. Babu – Respondent
ORDER
The petitioner being the plaintiff in OS.No.108/2010 on the file of Civil Judge and J.M.F.C., Kadur (hereinafter referred to as the ‘Trial Court’) is impugning the order dated 22.07.2015 allowing IA No.X filed under Order 1 Rule 10 r/w Section 151 of CPC.
2. Heard Sri.Madhukeshwara.P, learned counsel for Sri. Sachin B.S., learned counsel for the petitioners. The respondents have not represented inspite of service of notice.
3. Perused the material in the light of impugned order.
4. Learned counsel for the petitioners submits that the suit is for partition and separate possession and defendant No.4 filed application IA No.X under Order 1 Rule 10 r/w Section 151 of CPC seeking his impleadment and the same came to be allowed by the Trial Court without assigning any reasons. Therefore, he prays for allowing the petition.
5. Admitted facts of the case are that the plaintiff filed the suit for partition and separate possession of the schedule properties. During the pendency of the suit, defendant No.4 filed IA No.X under Order I Rule 10 r/w Section 151 of CPC seeking his impleadment and the same came to be allowed, which is being impugned herein.
6. It is the specific contention of
No right is created under agreement for sale in respect of schedule property, except right to seek specific performance of contract.
An Agreement of Sale does not create any interest in the property, and the plaintiff has the discretion to decide the parties involved in the suit.
The main legal point established in the judgment is that unregistered agreements to sell do not confer ownership rights in immovable property, and the validity of such agreements is determined by the....
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.
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....
Agreement to sell – Mere executing an agreement to sale would not create any right in favour of respondents.
An agreement to sell does not confer rights for impleadment in legal proceedings; proper remedies must be pursued through a suit for specific performance.
The court allows the impleadment of parties in partition suits when they provide sufficient evidence of ownership despite prior non-production of documents.
A plaintiff cannot be compelled to implead a party against whom they do not claim relief, preserving scope and intent of the original partition suit.
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