Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Specific Relief Act Section 19 1908: O. I r. 10 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act; Section 19/Code of Civil Procedure, 1908; O.1 R. 10: Suit for specific performance of contract for sale of a property filed by Vendee against Vendor-Filing of an application by respondent Nos. 1, 4 to 11-Stranger to the contract claiming independent title and possession over the suit property to join as parties-defendants-Allowed by trial Court-Affirmed by High Court -On appeal, Held: In equity as well as in law, the contract constitutes rights and also regulates liabilities of the parties-In order to be a necessary party there must exist a right to relief in respect of the controversies involved in the proceedings and no effective order could be passed in the absence of such party-Respondents had no direct interest-Effective decree could he passed in their absence since the property in question was not purchased by them from the vendor after the contract was entered into-In a suit for specific performance plaintiff could not be forced to add parties to whom he does not want to fight-Thus, Respondents/strangers to the contract are neither proper parties nor necessary party-defendants in the suit-The Courts below acted illegally and without jurisdiction in allowing the application for addition of parties in the suit. Proceedings under the provisions of Specific Relief Act-Addition of parties/stranger to the contract-Effect of-Held: Scope of the suit for specific performance would be enlarged by such addition-In terms of sub-rule (2) Order 1 Rule 10, the coµrt cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract of sale into a complicated suit for title between the parties. Necessary parties/proper parties-Meaning of The question which arose for determination in this appeal was as to whether in a suit for specific performance of contract for sale of a property initiated by a vendee against the vendor, a stranger/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 suit. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2005 INSC 228 |
Petitioner | Kasturi |
Respondent | Iyyamperumal And Ors. |
SCR | [2005] 3 S.C.R. 864 |
Judgement Date | 2005-04-25 |
Case Number | 2831 |
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