Not a party to the agreement and acquiring the status as a co-owner during pendency of a suit for specific performance, is not obtaining, by assignment or creation or by devolution, an interest - Hence, Order 22, Rule 10 Civil Procedure Code, 1908 - Has no application.
Anil Kumar Singh Versus Shivnath Mishra alias Gadasa Guru
Head Note
Specific Relief, Act, 1963, Sections 15 and 16 - Necessary party/Proper party - Respondent is neither a necessary nor a proper party to adjudicate upon the dispute arising in the suit so as to render an effective and complete adjudication of the dispute involved in the suit - Not a party to the agreement and acquiring the status as a co-owner during pendency of a suit for specific performance, is not obtaining, by assignment or creation or by devolution, an interest - Hence, Order 22, Rule 10 Civil Procedure Code, 1908 - Has no application. [Paras 3 and 10]
Civil Procedure Code, 1908, Order 1, Rule 10(2) - Necessary party - Order 1, Rule 10(2) says that necessary parties are persons who ought o have been joined as a party to the suit, a necessity to the constitution of proper suit without whom no relief or order can be passed - In order that a person may be considered a necessary party, defendant to the suit, the conditions precedent must be - (1) that there must be a right o some relief against him in respect of the dispute involved in the suit, and (2) that his presence should be necessary to enable Court to effectually and completely to adjudicate upon and settle all questions involved in the suit - Since respondent is not a party to the agreement of sale - It cannot be said that without her presence the dispute as to specific performance cannot be determined - Specific Relief Act, 1963, Sections 15 and 16. [Para 9]
Civil Procedure Code, 1908, Order 1, Rule 10(2) - Object of - to bring on record all persons who are parties to the dispute relating to the subject matter - So that the dispute may be determine din their presence eat the same time without any protraction, inconvenience and to avoid multiplicity of proceedings. [Para 7]
Civil Procedure Code, 1908, Order 1, Rules 3 and 10(2) and Order 22, Rule 10 - Not applicable to the facts in the case of specific performance - Amendment of plaint - Respondent not a necessary party for specific performance of a contract of sale - Application under Order 6, Rule 17 seeking leave to amend the plaint by impleading respondent as a party defendant in the suit rejected - Specific Relief Act, 1963, Sections 15 and 16. [Para 1]
Comparative Citations:
1994 (3) CCC 542, 1995 (1) JT 273, 1994 (4) Scale 953, 1995 (3) SCC 147, 1995 (1) AndhWR 8, 1995 RD 90, 1995 (2) LJR 1, 1996 (2) ICivC 559, 1995 WBLR 113, 1995 (1) CivCC 531, 1995 (1) ALLCJ 105, 1995 AIR(SCW) 1782
Civil Procedure Code, 1908, Order 1, Rule 10(2) - Necessary party - Order 1, Rule 10(2) says that necessary parties are persons who ought o have been joined as a party to the suit, a necessity to the constitution of proper suit without whom no relief or order can be passed - In order that a person may be considered a necessary party, defendant to the suit, the conditions precedent must be - (1) that there must be a right o some relief against him in respect of the dispute involved in the suit, and (2) that his presence should be necessary to enable Court to effectually and completely to adjudicate upon and settle all questions involved in the suit - Since respondent is not a party to the agreement of sale - It cannot be said that without her presence the dispute as to specific performance cannot be determined - Specific Relief Act, 1963, Sections 15 and 16. [Para 9]
Civil Procedure Code, 1908, Order 1, Rule 10(2) - Object of - to bring on record all persons who are parties to the dispute relating to the subject matter - So that the dispute may be determine din their presence eat the same time without any protraction, inconvenience and to avoid multiplicity of proceedings. [Para 7]
Civil Procedure Code, 1908, Order 1, Rules 3 and 10(2) and Order 22, Rule 10 - Not applicable to the facts in the case of specific performance - Amendment of plaint - Respondent not a necessary party for specific performance of a contract of sale - Application under Order 6, Rule 17 seeking leave to amend the plaint by impleading respondent as a party defendant in the suit rejected - Specific Relief Act, 1963, Sections 15 and 16. [Para 1]
Comparative Citations:
1994 (3) CCC 542, 1995 (1) JT 273, 1994 (4) Scale 953, 1995 (3) SCC 147, 1995 (1) AndhWR 8, 1995 RD 90, 1995 (2) LJR 1, 1996 (2) ICivC 559, 1995 WBLR 113, 1995 (1) CivCC 531, 1995 (1) ALLCJ 105, 1995 AIR(SCW) 1782
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