MUKESH KUMAR AND ORS. versus COL. HARBANS WARAICH AND ORS.

MUKESH KUMAR AND ORS. versus COL. HARBANS WARAICH AND ORS.

The sale by the Karta of the Hindu Undivided Family was for legal necessity and benefit of the family, binding all its members, and the transposition of respondent No.3 from defendant to plaintiff was not barred by limitation as per S.21(2), Limitation Act.

Parties
Appellant: Mukesh Kumar and Others; Respondent: Col. Harbans Waraich and Others
Jurisdiction
India
Judgment Date
27 October 1999
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Limitation, Hindu Undivided Family, Transposition of Parties
Civil Law Contract Law Hindu Law Specific Performance Limitation Hindu Undivided Family Transposition of Parties

Case Brief

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Parties

Mukesh Kumar and Others

Appellant

Col. Harbans Waraich and Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether sale of joint family property by Karta for payment of debts constitutes legal necessity binding all members.
  2. 2 Whether transposition of a defendant to a plaintiff is barred by limitation under Section 21 of the Limitation Act, 1963.
  3. 3 Who may seek specific performance of a contract—whether all co-contractees must be joined as plaintiffs or if impleading as defendants suffices.

Ratio Decidendi

The sale by the Karta of the Hindu Undivided Family was for legal necessity and benefit of the family, binding all its members, and the transposition of respondent No.3 from defendant to plaintiff was not barred by limitation as per S.21(2), Limitation Act.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs