ANIL KUMAR SINGH versus SHIVNA TH MISHRA @ GADASU GURU

ANIL KUMAR SINGH versus SHIVNA TH MISHRA @ GADASU GURU

Since the respondent is not a party to the agreement of sale and acquired interest by decree—not by devolution, assignment, or creation—she is neither a necessary nor a proper party to the specific performance suit under Civil Procedure Code provisions. The dispute as to specific performance can be determined without her presence, hence her impleadment cannot be ordered.

Parties
Petitioner: Anil Kumar Singh; Respondent: Shivna Th Mishra @ Gadasu Guru
Jurisdiction
India
Judgment Date
24 October 1994
Procedural Posture
Special Leave Petition (civil) / Dismissal of SLP Against High Court Order
Outcome
Petition dismissed
Legal Topics
Impleadment of Parties, Necessary and Proper Parties, Order 1 Rule 10 CPC, Order 22 Rule 10 CPC, Specific Relief Act
Civil Procedure Specific Performance Impleadment of Parties Necessary and Proper Parties Order 1 Rule 10 CPC Order 22 Rule 10 CPC Specific Relief Act

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Parties

Anil Kumar Singh

Petitioner

Shivna Th Mishra @ Gadasu Guru

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal of SLP Against High Court Order

Legal Issues

  1. 1 Whether a person who acquires interest as co-owner during the pendency of a suit for specific performance by virtue of a court decree (not being a party to the agreement of sale) is a necessary and proper party to be impleaded as defendant under Order 1 Rule 10(2) or Order 22 Rule 10 CPC.

Ratio Decidendi

Since the respondent is not a party to the agreement of sale and acquired interest by decree—not by devolution, assignment, or creation—she is neither a necessary nor a proper party to the specific performance suit under Civil Procedure Code provisions. The dispute as to specific performance can be determined without her presence, hence her impleadment cannot be ordered.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed; High Court's order affirmed.