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The Division bench of Supreme Court consisting of Justice DV Chandrachud and Justice MR Shah stated that during the proceedings, plaintiff cannot be compelled to add parties against whom he does not want to fight. For doing so binding rule of law is required. In the present suit for specific performance, an application in the pending suit under Order 1 Rule 10 of CPC was filed by the purchaser who purchased the suit property to be a defendant in the case. He contended that he has purchased the property and since he has direct interest in the suit property, he is a proper and necessary party to the suit.
The case first went to the trail court where the court allowed the application. However, the Chandigarh High Court set aside this order. Subsequently, an appeal was filed before the Supreme Court where the main issue was whether the plaintiffs can be compelled to implead a person in the suit for specific performance, against his wish and with respect to a person against whom no relief can be claimed by him.
The court held that the question of jurisdiction of court to invoke Order 1 Rule 10 of CPC to add a party who is not made party in the suit by the plaintiff shall not arise unless that party has direct legal interest in the case involved. Two tests were established that is required to be satisfied for determining the necessary party- (i) there must be a right some relief against such party in respect of the case involved. (ii) No effective decree can be passed in the absence of such party. Therefore, it was held that appellant cannot be made party since the above conditions are not satisfied.
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