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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Anirudh (Expert) 09 October 2015
Who is in possession of the property in question - whether the paintiff or you the defendant?

P. Venu (Expert) 09 October 2015
Apparently, the plaintiff is in possession. What happened to the Police complaint?

Guest (Expert) 09 October 2015
You Please mention about the advance amount paid at the time of sale agreement.whether it was Refunded or surrendered to the Courts.The POA to the Wife will not be much VALID.iF YOUR wife had Executed any Sale Deed or agreement or Loan Agreement for A More Value Registered to Others it would be strong defense'Your Advocate should strongly Defend basing on the Gun Point Matters and what is the fate of those Complaint Status.You should also be Prepared with Strong Reasons For Not Proceeding with Sale Agreements.Consult and Have a Good Senior Advocate along with your Advocate for Defense.

Rajendra K Goyal (Expert) 09 October 2015
Discuss with your lawyer in detail, he is well aware of full case file. If the plea of wife is not accepted, she may go for appeal with a request to stay proceedings till disposal of the appeal.