Application to make party in a case

ckanta (Querist) 09 October 2015 This query is : Resolved
Sir,

Plaintiff has filed one suit for specific performance on the basis of unreg. agreement to sell .However our defence is that he has obtained the sign on gun point and we have also made complaint in Police station.I have already transferred the property by way of GPA in favour of my wife 2 years back before the date of agreement to sell filed by plaintiff. The case is now listed for final arguments and my wife has moved application uO1R10 cpc to implead her as party as she has Power of attorney in her favour in respect of which plaintiff is claimimg possession. what are the chances that she may be implead as a party as in the reply given to aplication plaintiff quoted judgements which says that stranger to contract cant be necessary party in suit for specific performance.
Please advise some judgements which says that as she is having POA in her favour so she should be implead as necessary party in the case.

thanks!

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Dr J C Vashista (Expert) 10 October 2015
1. Yes, she can be impleaded as a necessary party to the suit since she has the interest and claim in the suit property.
2. Signing on a gun point has to be proved and contest separately, however, the signitory (not clear whether you or your wife) has to move to the court for declaration of the document (where signature was obtained by threat, force or coercion)to be NULL & VOID.
3. Title of the suit property can not be transferred to the attorney through PAO as held by Supreme Court in the case titled "Surya Roshini Ltd. Vs. State of Haryana".
4. Who is plaintiff in the suit, is vague.
5. Consult a local senior lawyer with the plaint and documents.