Supreme Court of India
Kasturi v. Iyyamperumal and Ors.
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10 Supreme Court benches have cited this judgment.
What the Court ordered
The impugned orders are thus set aside and the application for addition of parties filed at the instance of respondent Nos. l and 4 to 11 stands rejected. The appeal is thus allowed.
Judgment, 22
From the headnote
Specific Relief Act; Section 19/Code of Civil Procedure, 1908; O. I R. 10: Suit for specific performance of contract for sale of a property filed by Vendee against Vendor-Filing of an application by respondent Nos. 1, 4 to 11-Stranger to the contract claiming independent title and possession over the suit property to join as parties-defendants-Allowed by trial Court-Affirmed by High Court-On appeal, Held: In equity as well as in law, the contract constitutes rights and also regulates liabilities of the parties-In order to be a necessary party there must exist a right to relief in respect of the controversies involved in the proceedings and no effective order could be passed in the absence of such party.
Authorities it was built on
- Tasker v. Small
- De Hogton v. Money
- 1994 Anil Kumar Singh v. Shivna Th Mishra @ Gadasu Guru
- 1996 Vijay Pratap and Ors v. Sambhu Saran Sinha and Ors.
- Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay and Ors
Where later benches applied it
- 2026 Nak Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah
- 2019 Gurmit Singh Bhatia v. Kiran Kant Robinson and Others
- 2019 Globe Ground India Employees Union v. Lufthansa German Airlines & Anr.
- 2025 M/s J N Real Estate v. Shailendra Pradhan & Ors.
- 2024 Airports Economic Regulatory Authority of India v. Delhi International Airport Ltd. & Ors.
- 2022 Moreshar S/o Yadaorao Mahajan v. Vyankatesh Sitaram Bhedi (d) Thr. Lrs. and Others
- 2013 Thomson Press (india) Ltd. v. Nanak Builders & Investors P. Ltd. & Ors.
- 2018 Hari Mohan Sharma & Anr. v. Charanjeet Singh Rekhi & Ors. Etc.
- 2007 Sumtibai & Others v. Paras Finance Co. Regd. Partnership Firm Beawer(raj.)thru Smt. Mankanwar W/o Parasmal Chordia (dead) & Ors.
- 2022 Asian Hotels (north) Ltd. v. Alok Kumar Lodha & Ors
Of those, 3 relied on · 4 referred to · 2 mentioned · 1 not applicable
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