Impleading of a party

Ladhu Ram Chowdhary (Querist) 30 May 2008 This query is : Resolved
Suit for specific performance of agreement to sell- Third partyif shows some semblance of title or interest in the property in disput can be impleaded as party to the suit

Follow Query

Report Abuse

Guest (Expert) 30 May 2008
How can third party have any interest in a contract in which there are two parties only. Specific Reilief Act is an act for enforcement of a particular contract with two parties. If third person has a \n interest, by what means did he get that interest should be looked into. It could be either misrepresentation by the non-performer or cheating. Check your contract for a specific covenant that no prior contract is entered into.

Usually third parties donot come into picture. If they have come, then you can implead them as respondents by showing how they are connected and neccessary for resolving the issue.

H. S. Thukral (Expert) 30 May 2008
The main issue involved in a suit for specific performance is that whether there is a valid agreement to sell. A third party who might have acquired a title subsequently by alienation, sucession etc can not be impleaded in the suit as his presence is not necessary to resolve the issue in the suit. There are numerous judgments on this proposition.

J K Agrawal (Expert) 30 May 2008
if any question of fact or law in present suit would be the same in a suit by third person it is not necessary to file separate suits they will be made party in the same suit as per order 1 Rule 1 and rule 3 of CPC. So a third person in a suit of specification can become party to suit. For example in a suit for specific performance it is an issue that if the seller has a valid transferable interest in property and any person challenging the interest of seller can become a party to suit.

H. S. Thukral (Expert) 03 June 2008
I am putting this resolved query in open category again for Mr. Chowdhary has re-raised this again. answers to both may be read in unison.

anantha krishna n.v. Advocate (Expert) 27 June 2008
the provision of law is very clear in respect of impleadment.
a person seeking to get impleaded must show to court that he is either NECESSARY party or PROPER Party.

The distinction is very simple. If some one has a direct interst in the subject matter of the suit, he is necessary party.

Proper party is a person whose presence is essential for proper adjudication of the matter.

puneet (Expert) 01 August 2008
mr. anantha is right as far as law is u can implead the third party as defendant if he shows some title or interest in the property

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries