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Anil Kumar Singh vs Shivnath Mishra And Gadasa Guru on 24 October, 1994 cites

Lala Durga Prasad And Another vs Lala Deep Chand And Others on 18 November, 1953

In Lala Durga Prasad and Anr. v. Lala Deep Chand & Ors., 1954 SCR 360, in a suit for specific performance the subsequent purchaser was held to be a necessary party. In this case the petitioner is merely seeking the specific performance of the agreement of sale. Section 15 of the Specific Relief Act, 1963, provides that except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by "any party thereto"; and under s. 16 the Court has been given discretion and personal bars to relief. Therefore, based on the fact situation, the court would mould the relief The respondent is neither a necessary nor a proper party to adjudicate upon the dispute arising in the suit so as to render an effective and complete adjudication of the dispute involved in this suit.
Supreme Court of India Cites 8 - Cited by 205 - V Bose - Full Document

Razia Begum vs Sahebzadi Anwar Begum & Others on 23 May, 1958

In Razia Begum v. Sahebzadi Anwar Begum & Ors. , 1959 SCR 111, in a suit instituted for a declaration of legal status as a married wife, the question arose whether another person claiming to be the third wife and sons through her are necessary and proper party, who sought to come on record under Order 1 Rule 10(2). This Court held that in a suit for declaration, as regards status or legal character under s.42 of the Specific Relief Act, the rule that in order that a person may be added as a party must have a present or 276 direct interest in the subject matter of the suit, is not wholly applicable, and the rule may be relaxed in a suitable case where the court is of the opinion that by adding that party it would be in a better position to effectually and completely to adjudicate upon the controversy. In such suits the court is not bound to grant the declaration prayed for, on a mere admission of the claim by the defendant, if the court has reasons to insist upon clear proof, apart from the admission. It was therefore, held that a declaratory judgment since binds not only the parties actually before the court but also the persons claiming through them respectively within the meaning of s.43 of the Specific Relief Act, they are proper parties. The petitioner is not claiming this legal status nor through the respondent.
Supreme Court of India Cites 12 - Cited by 442 - B P Sinha - Full Document
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