VIJAY PRATAP AND ORS versus SAMBHU SARAN SINHA AND ORS.

VIJAY PRATAP AND ORS versus SAMBHU SARAN SINHA AND ORS.

Petitioners are neither necessary nor proper parties to the suit for specific performance so long as the alleged relinquishment deed signed by their deceased father is on record; matters regarding genuineness of the deed and compromise cannot be adjudicated in the present suit.

Source-derived case information.

Parties
Petitioner: Vijay Pratap and Ors; Respondent: Sambhu Saran Sinha and Ors
Jurisdiction
India
Judgment Date
30 July 1996
Procedural Posture
Special Leave Petition (civil) / Dismissal by Supreme Court
Outcome
petition dismissed
Legal Topics
Joinder of Parties, Specific Performance, Relinquishment Deed
Civil Procedure Property Law Joinder of Parties Specific Performance Relinquishment Deed

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Parties

Vijay Pratap and Ors

Petitioner

Sambhu Saran Sinha and Ors

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal by Supreme Court

Legal Issues

  1. 1 Whether petitioners are necessary and proper parties to the suit for specific performance after deletion of their father's name based on a compromise.
  2. 2 Whether the trial court and High Court correctly dismissed the petitioners' application to be impleaded.

Ratio Decidendi

Petitioners are neither necessary nor proper parties to the suit for specific performance so long as the alleged relinquishment deed signed by their deceased father is on record; matters regarding genuineness of the deed and compromise cannot be adjudicated in the present suit.

Court Disposition

petition dismissed

Orders

  • Special leave petition dismissed.