AIR 2012 SUPREME COURT 2925 ::2012 AIR SCW 4677 ::2012 (4) AIR Kar R 369 ::(2012) 2 CLR 663 (SC) ::2012 (2) CLR 663 ::(2012) 117 RevDec 568 ::(2012) 2 WLC(SC)CVL 505 ::(2013) 2 CivLJ 503 ::(2012) 3 All RentCas 389 ::(2012) 4 CivilCourtC 220 ::2012 (8) SCC 384 ::(2012) 4 RecCivR 308 ::2012 (7) Scale 448 ::AIR 2012 SC (Civil) 2451 ::2012 (3) CurCC 137 ::2012 (94) All LR 718 ::(2012) 5 Mad LW 781 ::(2013) 1 Mad LJ 267 ::(2013) 4 Raj LW 3005 ::(2013) 1 LandLR 560 ::(2012) 118 AllIndCas 236 (SC) ::2012 (118) AllIndCas 236

Supreme Court Of India

Hon'ble Judge(s): G. S. Singhvi, S. J. Mukhopadhaya , JJ

(A) Civil P.C. (5 of 1908) , O.1 R.10— Specific Relief Act (47 of 1963) , S.16— Impleadment of parties - Principles applicable - Specific performance suit - Impleadment of transferee pendent lite - Permissible only if his conduct is above-board. The broad principles which should govern disposal of an application for impleadment are : 1. The Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court is necessary for effective and complete adjudication of the issues involved in the suit. 2. A necessary party is the person who ought to be joined as party to the suit and in whose absence an effective decree cannot be passed by Court. 3. A proper party is a person whose presence would enable the Court to completely, effectively and properly adjudicate upon all matters and issues, though he may not be a person in favour of or against whom a decree is to be made. 4. If a person is not found to be a proper or necessary party, the Court does not have the jurisdiction to order his impleadment against the wishes of the plaintiff. 5. In a suit for specific performance, the Court can order impleadment of a purchaser whose ....