Plaintiff Can Implead Proposed Purchasers Of Property In Suit For Specific Performance: SC [Read Judgment]

The Supreme Court in Robin Ramjibhai Patel vs. Anandibai Rama @ Rajaram Pawar And Ors, has reiterated that when the plaintiff wants to implead certain persons as defendants in a suit for specific performance on the ground that they may be adversely affected by the outcome of the suit, then interest of justice also requires allowing such a prayer for impleadment so that the persons likely to be affected are aware of the proceedings and may take appropriate defence as suited to their vendors.

In the instant case, the plaintiff had filed a suit for the specific performance of an agreement for sale of property. His application to implead the proposed purchasers having registered agreement of sale in their favour as defendants was rejected by the trial court and the order was confirmed by the high court.

On his appeal, the apex court bench comprising Justice Shiva Kirti Singh and Justice R Banumathi, referring to Kasturi vs. Iyyamperumal and Ors observed that the necessary parties in a suit for specific performance of a contract for sale are not only parties to the contract or their legal representatives, but also a person who had purchased the contracted property from the vendor.

Read the Judgment here.