Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Party/Parties: Necessary party |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Party/Parties: Necessary party – Suit for specific performance– Determination of correct defendants – Issue arose whether oneCS and his wife who are defendant no. 2 & 3 in one group of SLPand defendant no. 1 & 2 in other group of SLP are persons who donot purport to be who they say they are – I.As had been filed by twoother CS one belonging to Moradabad and other to Uttarakhandstating that each one of them are defendant no. 1 and 2 anddefendant no. 2 and 3 respectively in the suits – Single Judge of theHigh Court held that a question of mistaken identity cannot be goneinto in a specific performance suit, and that the plaintiff does notclaim anything against the persons who have filed the I.As but onlyagainst one CS, who belongs to Delhi (since deceased), and hiswife MK who is in US – Division Bench set aside the order – Onappeal held: Plaintiff in both the suits for specific performance isdominus litus and has chosen CS who resides in Delhi (since deceased)and his wife MK as persons against whom the lis exists – It waspleaded that the persons mentioned defendant nos. 1 & 2 anddefendant nos. 2 & 3 in the two suits are, in fact, the personsmentioned in the two I.As – Plaintiff has no lis against such persons– Thus, the persons in the I.As are neither necessary nor properparties in the present adjudication – Order passed by the DivisionBench is set aside and that of the Single Judge of the High Court isrestored. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 1067 |
Petitioner | Hari Mohan Sharma & Anr. |
Respondent | Charanjeet Singh Rekhi & Ors. Etc. |
SCR | [2018] 14 S.C.R. 324 |
Judgement Date | 2018-11-16 |
Case Number | 11029-30 |
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