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2018 Supreme(Online)(MP) 437

HIGH COURT OF MADHYA PRADESH
Shri Vijay Kumar Shukla, J
Smt.Mangai Bai and others – Appellant
Versus
Smt.Hansi Bai alias Hasu Bai and others – Respondent


Advocates:
For the Appellants/Petitioners: Shri Aditya Ahiwasi
For the Respondents: Shri Vaibhav Tiwari

Table of Content
1. summary of facts regarding the specific performance suit and parties involved. (Para 2 , 3)
2. arguments concerning the necessity of additional parties in the suit. (Para 4 , 10)
3. court's observations on necessary parties’ definitions in specific performance actions. (Para 6 , 7 , 8)
4. distinction between necessary and proper parties in the context of the case. (Para 9 , 11)
5. final ruling affirming the lower court’s judgment and dismissal of the petition. (Para 15 , 16)

O R D E R

JABALPUR: (01/03/2018)

In the instant petition, a challenge has been made to the order dated 12-02-2018, passed by 5th Additional District Judge, Khandwa in Civil Suit No.2-A/2015, whereby the trial court has rejected the application filed by the petitioners/applicants under Order 1 Rule 10 of the Civil Procedure Code (In short CPC).

2. The brief facts adumbrated in nutshell are that respondent nos.3 to 6/plaintiffs have filed a suit for specific performance on the basis of agreement dated 17-07-1996. It is submitted by the plaintiffs that respondent No.1 Smt. Hansi Bai entered into an agreement to sale of agricultural land for consideration of Rs.60,000/-. It is submitted that entire cons

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