Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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addition of a party

(Querist) 03 June 2008 This query is : Resolved 
- Addition of a party - Suit for specific performance - A stranger or a third party to the contract, claiming to have an independent title and possession over the contracted property is entitled to be added as a party in the suit?
R.S.Rajesh (Expert) 03 June 2008
If the third party has documentary evidences or prima facie title over the very property which is a subject matter of the Specific Performance suit, he would be entitled to remain as a party to the suit , since it touches the root of title itself and unless he is a party to the suit , he will not be bound by the decree if it is passed, as if he can establish independent title over the property. Therefore, if he has filed an application to implead himself as a party to the suit, the application may be allowed though it is not necessary to decide the issues involved in the suit as he is not a party to the agreement.
H. S. Thukral (Expert) 03 June 2008
A similar query by Shri Chowdhary has already been answered few days back. If Mr. Chodhry is not satisfied with the few answers he got, he should have kept the query open for further opinions. Any how it is again answered as:
In a suit for specific performance of contract for sale, strangers to contract making a claim adverse to the titile of vendor defendant contending that they are owners of the contracted property are neither necessary nor property party. Even a person claiming to be joint owner in subject matter of suit is not a necessary /proper party. If a stranger claiming titile to the property is allowed to be joined, the issue involved would change and the suit for specific performance of the contract would turn in to a title suit.
Plaintiff is also dominus litis in the matter of addition of parties In order that a party may be added in a suit over ruling the doctrine of dominus litis , the court has to see that he should have a legal interest in the subject matter of dispute. Legal interest not as distinguished from an equitable interest but an interest which the law recognises. The person who would be only indirectly or commercially affected by the result of litigation can not be impleaded as a party having a direct interest in the subject matter in dispute.
A necessary and proper party to be impleaded in a suit is one who can answer the issues framed in the suit.
However the person claiming adverse titile to that of defendant in the suit can defend his title in the execution proceedings.
Kiran Kumar (Expert) 10 June 2008
Mr. Thakural has given an apt reply so no point of ambiguity is left.

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