Search Results Page
Search Results
1 - 5 of 5 (0.21 seconds)Vidur Impex & Traders Pvt.Ltd.& Ors vs Tosh Apartments Pvt.Ltd.& Ors on 21 August, 2012
7. Since the decisions on which Sri Hegde placed
reliance has been considered in Vidur Impex and
Traders Private Limited (supra), it is unnecessary for me
to again take note of the earlier judgments of the
Hon'ble Supreme Court to consider the claim of the
applicants/petitioners. Hon'ble Supreme Court in the
case of Kasturi has made it clear that in a suit for
specific performance of contract for sale, third party
claiming independent title and possession over
contractual property is neither necessary nor proper
party and therefore not entitled to be impleaded as a
party in the suit. The ratio of said decision squarely
applies to the case on hand.
Razia Begum vs Sahebzadi Anwar Begum & Others on 23 May, 1958
2. Sri. S.G.Hegde, learned Advocate appearing for
the petitioners by placing reliance on the decision in the
case of RAZIA BEGUM vs. SAHEBZADI ANWAR BEGUM AND
OTHERS, AIR 1958 SC 886 and VIDUR IMPEX AND TRADERS
PRIVATE LIMITED AND OTHERS vs. TOSH APARTMENTS
PRIVATE LIMITED AND OTHERS, (2012) 8 SCC 384
contended that the petitioners are necessary and proper
parties to the suit and hence, IA.No.7 ought to have
been allowed by the learned Trial Judge. Learned
counsel further contended that since IA.No.7 has not
received lawful consideration in the hands of the
learned Trial Judge, interference in the matter is
warranted.
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
1