LEGAL LEARNING – SHRI GANPATI JURISTS
Order I Rule 10(2), CPC – Impleadment of Parties in Specific Performance Suits
Key Principle:
A person can be added as a "proper party" even if not a "necessary party" if their presence aids the effective adjudication of the case.
What the Law Says:
Plaintiff is dominus litis – i.e., the master of the suit – and usually decides who to include.
However, courts have the discretion to implead any party if it:
Is necessary (without whom no effective decree can be passed), or
Is proper (helps the court adjudicate completely and effectively).
Important Judicial Clarifications:
In specific performance suits, a third party claiming interest or title in the suit property may be impleaded as a proper party.
Suspicious documents or claims are not grounds to reject impleadment – those issues are to be tested during trial, not at the pleading stage.
High Courts must not interfere under Article 227 unless there's a clear jurisdictional error in the Trial Court’s decision on impleadment.
Legal Tip:
Adding relevant parties early can save time and prevent future objections.
Courts favour full and fair adjudication over technicalities.
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