Third party purchaser not party to agreement to sell need not impleaded
Kasturi Versus Iyyamperumal & Others
Head Note
Code of Civil Procedure, 1908 - Order I Rule 10 - Specific Performance of Agreement for Sale - Impleading Third Party - Whether in a suit for specific performance of contract for sale of a property instituted by a purchaser against the vendor, a stranger or a third party to the contract, claiming to have an independent title and possession over the contracted property, is entitled to be added as a party/defendant in the said suit? - Held - It is pellucid that necessary parties are those persons in whose absence no decree can be passed by the Court or that there must be a right to some relief against some party in respect of the controversy involved in the proceedings and proper parties are those whose presence before the Court would be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit although no relief in the suit was claimed against such person - The stranger to the contract, namely the respondent Nos.1 and 4 to 11 making claim independent and adverse to the title of respondent Nos.2 and 3 are neither necessary nor proper parties, and therefore, not entitled to join as party defendants in the suit for specific performance of contract of sale.
Para 12 & 21
Specific Relief Act, 1963 - Section 16 & Section 20 - Specific Performance of Agreement for Sale - Impleading Third Party - Whether in a suit for specific performance of contract for sale of a property instituted by a purchaser against the vendor, a stranger or a third party to the contract, claiming to have an independent title and possession over the contracted property, is entitled to be added as a party/defendant in the said suit? - Held - It is pellucid that necessary parties are those persons in whose absence no decree can be passed by the Court or that there must be a right to some relief against some party in respect of the controversy involved in the proceedings and proper parties are those whose presence before the Court would be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit although no relief in the suit was claimed against such person - The stranger to the contract, namely the respondent Nos.1 and 4 to 11 making claim independent and adverse to the title of respondent Nos.2 and 3 are neither necessary nor proper parties, and therefore, not entitled to join as party defendants in the suit for specific performance of contract of sale.
Para 12 & 21
Comparative Citations:
2005 (4) Scale 363, 2005 (4) JT 565, 2005 (3) Supreme 574, 2005 (4) SCJ 196, 2005 (2) CTC 676 (SC), 2005 (6) SCC 733, 2005 AIR(SC) 2813, 2005 (3) MMAH.L.J 1, 2005 (4) LW 25, 2005 AIR(SCW) 2368, 2005 (3) MLJ 124, 2005 (3) PunLR 326, 2005 (4) SLT 70, 2005 (5) SRJ 481, 2005 (3) KCCR 1545, 2005 (3) ALL MR 721, 2005 (3) ALD 83, 2005 (4) ALT 19, 2005 (1) CalCriLR 673, 2005 (3) CalHN 180, 2005 (3) MAH.L.J 1, 2005 (5) BCR 801, 2005 (2) CCC 379, 2005 (2) CLT 143
(Full Bench
Para 12 & 21
Specific Relief Act, 1963 - Section 16 & Section 20 - Specific Performance of Agreement for Sale - Impleading Third Party - Whether in a suit for specific performance of contract for sale of a property instituted by a purchaser against the vendor, a stranger or a third party to the contract, claiming to have an independent title and possession over the contracted property, is entitled to be added as a party/defendant in the said suit? - Held - It is pellucid that necessary parties are those persons in whose absence no decree can be passed by the Court or that there must be a right to some relief against some party in respect of the controversy involved in the proceedings and proper parties are those whose presence before the Court would be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit although no relief in the suit was claimed against such person - The stranger to the contract, namely the respondent Nos.1 and 4 to 11 making claim independent and adverse to the title of respondent Nos.2 and 3 are neither necessary nor proper parties, and therefore, not entitled to join as party defendants in the suit for specific performance of contract of sale.
Para 12 & 21
Comparative Citations:
2005 (4) Scale 363, 2005 (4) JT 565, 2005 (3) Supreme 574, 2005 (4) SCJ 196, 2005 (2) CTC 676 (SC), 2005 (6) SCC 733, 2005 AIR(SC) 2813, 2005 (3) MMAH.L.J 1, 2005 (4) LW 25, 2005 AIR(SCW) 2368, 2005 (3) MLJ 124, 2005 (3) PunLR 326, 2005 (4) SLT 70, 2005 (5) SRJ 481, 2005 (3) KCCR 1545, 2005 (3) ALL MR 721, 2005 (3) ALD 83, 2005 (4) ALT 19, 2005 (1) CalCriLR 673, 2005 (3) CalHN 180, 2005 (3) MAH.L.J 1, 2005 (5) BCR 801, 2005 (2) CCC 379, 2005 (2) CLT 143
(Full Bench
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