Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit – Necessary party – Non-joinder of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit – Necessary party – Non-joinder of – Suit, if maintainable – Plaintiff filed suit for specific performance admitting that the suit property was jointly owned by defendant, his wife and three sons – However, trial court held that the defendant was the absolute owner of the suit property and thus, there was no question of joinder of his wife and three sons – Suit decreed, defendant was directed to execute the sale deed by accepting the balance sale consideration as per the terms of the agreement to sell – Appeal filed by defendant, dismissed – Second appeal – Partly allowed by High Court, specific performance denied – On appeal, held : In view of the plaintiff’s own admission that the suit property was jointly owned by the defendant, his wife and three sons, no effective decree could have been passed in their absence – In spite of the defendant taking an objection in that regard, the plaintiff chose not to implead the defendant’s wife and three sons as party defendants – A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court – If a “necessary party” is not impleaded, the suit itself is liable to be dismissed – No error in the judgment of High Court – In any case, to balance the equities, High Court partly decreed the suit and directed the defendant to refund Rs.30,000/- with interest, this direction is affirmed. Suit – Necessary party – Twin test for – Held: For being a necessary party, the twin test has to be satisfied, (i) there must be a right to some relief against such party in respect of the controversies involved in the proceedings, (ii) no effective decree can be passed in the absence of such a party |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 1027 |
Petitioner | Moreshar S/o Yadaorao Mahajan |
Respondent | Vyankatesh Sitaram Bhedi (d) Thr. Lrs. And Others |
SCR | [2022] 7 S.C.R. 259 |
Judgement Date | 2022-09-27 |
Case Number | 5755 |
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