BALURAM versus P. CHELLATHANGAM & ORS.

BALURAM versus P. CHELLATHANGAM & ORS.

A beneficiary of a trust, not being a stranger, is a proper party in a suit concerning sale of trust property and may be impleaded under Order I Rule 10(2) CPC, especially to avoid multiplicity of proceedings and to allow questions relating to Trusts Act to be effectively adjudicated.

Parties
Appellant: Bal Uram; Respondent No.1 / Plaintiff: P. Chellathangam; Respondent No.2 / Trustee / Defendant: K. Jagathees; Respondent No.3 / Trustee / Defendant: R. Subbaram Babu @ Subbaram
Jurisdiction
India
Judgment Date
10 December 2014
Procedural Posture
Civil Appeal / Appeal From High Court, Order Regarding Impleadment in Suit for Specific Performance
Outcome
Appeal allowed
Legal Topics
Impleadment of Parties, Specific Performance, Trust Property
Civil Procedure Impleadment of Parties Specific Performance Trust Property

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Parties

Bal Uram

Appellant

P. Chellathangam

Respondent No.1 / Plaintiff

K. Jagathees

Respondent No.2 / Trustee / Defendant

R. Subbaram Babu @ Subbaram

Respondent No.3 / Trustee / Defendant

Procedural Posture

Civil Appeal / Appeal From High Court, Order Regarding Impleadment in Suit for Specific Performance

Legal Issues

  1. 1 Whether beneficiary of a Trust is a proper party to be impleaded in a suit for specific performance involving sale of trust property.

Ratio Decidendi

A beneficiary of a trust, not being a stranger, is a proper party in a suit concerning sale of trust property and may be impleaded under Order I Rule 10(2) CPC, especially to avoid multiplicity of proceedings and to allow questions relating to Trusts Act to be effectively adjudicated.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of trial court impleading appellant as party defendant restored