HARI MOHAN SHARMA & ANR. versus CHARANJEET SINGH REKHI & ORS. ETC.

HARI MOHAN SHARMA & ANR. versus CHARANJEET SINGH REKHI & ORS. ETC.

Plaintiff has a lis only against original defendants, not against those who filed IAs; persons in the IAs are neither necessary nor proper parties. Order of Division Bench set aside, Single Judge's order restored.

Parties
Appellant: Hari Mohan Sharma; Respondent: Charanjeet Singh Rekhi; Respondent: Manjit Kaur
Jurisdiction
India
Judgment Date
16 November 2018
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals allowed; Division Bench judgment set aside; Single Judge's judgment restored.
Legal Topics
Specific Performance, Necessary Party, Mistaken Identity
Civil Law Specific Performance Necessary Party Mistaken Identity

Case Brief

Summary, issues, holding and outcome

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Parties

Hari Mohan Sharma

Appellant

Charanjeet Singh Rekhi

Respondent

Manjit Kaur

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether persons claiming to be defendants (who filed IAs) are necessary or proper parties in suits for specific performance.
  2. 2 Whether mistaken identity can be decided within specific performance suits.

Ratio Decidendi

Plaintiff has a lis only against original defendants, not against those who filed IAs; persons in the IAs are neither necessary nor proper parties. Order of Division Bench set aside, Single Judge's order restored.

Court Disposition

Appeals allowed; Division Bench judgment set aside; Single Judge's judgment restored.

Orders

  • Division Bench judgment is set aside.
  • Single Judge of the High Court's judgment is restored.