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Supreme Court Of India

(From : 2003 (2) Madras LW 547)

Hon'ble Judge(s): N. Santosh Hegde, Tarun Chatterjee, P. K. Balasubramanyan , JJJ

Civil P.C. (5 of 1908) , O.1 R.10— Specific Relief Act (47 of 1963) , S.19— Addition of party - Suit for specific performance of contract for sale - Thrid party/stranger claiming independent title and possession over contracted @page-SC2814property - Is neither necessary nor proper party and, therefore, not entitled to join as party defendant in suit.2003 (2) Mad LW 547, Reversed. In a suit for specific performance of a contract for sale the lis between the appellant-purchaser and the respondent-vendor shall only be gone into and it is also not open to the Court to decide whether the third party have acquired any title and possession of the contracted property as that would not be germane for decision in the suit for specific performance of the contract for sale. Two tests by which a person who is seeking addition in a pending suit for specific performance of the contract for sale must be satisfied. Two tests are- (1) there must be a right to some relief against such party in respect of the controversies involved in the proceedings (2) no effective decree can be passed in the absence of such party. Applying the said two tests in the present case the third party or strangers to contract are not necessary parties as effective decree could be passed in their absence as they had not purchased the contracted property from the vendor after the contr....