Impleadment of a third party cannot be allowed to change the character or the nature of the suit filed for specific performance of an agreement for sale - Plaintiff cannot be forced to add parties

Citation

CDJ 2010 MHC 3330

Krishnan Versus P. Palanisamy & Others

Head Note

Constitution of India – Article 227 – Civil Procedure Code - Order 1 Rule 10 - Order 22 Rule 10 – Order 1 Rule 3 - Petitioner filed suit for specific performance to enforce the agreement for sale – Respondent filed petition to implead stating that he had purchased the suit property from a third party - Trial Court allowed implead petition – As against which present petition filed - If the presence of a third party is not essential to decide the issues in the suit impleadment of such a party would only enlarge the scope of the suit unnecessarily - Impleadment of a third party cannot be allowed to change the character or the nature of the suit filed for specific performance of an agreement for sale - Plaintiff cannot be forced to add parties against whom he does not seek any relief unless it is a compulsion of the rule of law - Order of trial Court set aside – Petition allowed. 

Cases Referred:
1. Anil Kumar Singh V. Shivnath Mishra @ Gadasa Guru (1995 AIR SCW 1782)
2. Vijay Pratap and Others V. Sambhu Saran Sinha and others (AIR 1996 SC 2755)
3. Kasturi V. Iyyamperumal and others (AIR 2005 SC 2813)
4. Saivasamy Thevar V. Rajasekaran (2008 (6) CTC 630) 
5. Bharat Karsondas Thakkar V. Kiran Construction Co. (2008(6) Scale 355) 
6. Ms.Leelavati V. Sri Venkateswara Finance (2009(7) MLJ 761)
7. Sumtibai and others V. Paras Finance Co. Mankanwar (2007(7) Supreme 2010

Comparative Citations:
2010 (3) LW 67, 2010 (3) CTC 480, 2010 (6) MLJ 371