VidhiSangh

Supreme Court of India · 16/11/2018

HARI MOHAN SHARMA & ANR. versus CHARANJEET SINGH REKHI & ORS. ETC.

[2018] 14 S.C.R. 324 · 2018 INSC 1067

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Summary

The Supreme Court refused impleadment of rival claimants asserting that they were the persons named as defendants in two specific-performance suits. The plaintiffs had chosen to litigate against particular individuals and bore the risk that their suits or execution might fail if those individuals lacked the asserted contractual connection. On these facts, the applicants were neither necessary nor proper parties and could pursue independent proceedings, including any claim of collusion.

Issues

  1. Whether rival identity claimants were necessary or proper parties to the specific-performance suits.
  2. Whether the identity dispute had to be determined within those suits against the plaintiffs’ chosen defendants.

Held

Result

Appeals allowed. Division Bench judgment set aside; Single Judge’s orders rejecting impleadment applications restored.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 324.