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2015 (2) TMI 1407 - PUNJAB & HARYANA HIGH COURTImpleadment of a party to the suit - Suit for specific performance of contract - HELD THAT:- Freshly impleaded defendant-applicant (respondent No.2 herein) has claimed to be owner of the property in dispute by way of purchase in public auction held by the Debts Recovery Tribunal and thus, is asserting right, title and interest in the property. In tune with law laid down in Sumtibai and others Versus Paras Finance Company Manknwar w/o Parasmal Chordia (D) and others [2007 (10) TMI 653 - SUPREME COURT], leaving such party unimpleaded in litigation would be resulting in truncated resolution of dispute which would lack wholesomeness. It would also not be effective, competent and appropriate adjudication. Where a third party clearly has right, title and interest in the property in dispute, impleadment of such party in the suit, rather, becomes necessary to avoid multiplicity of litigation and for competent, complete and effective adjudication of the litigation among the parties. Looking from another angle, applicant-respondent-defendant claims ownership in the suit property even earlier to filing of the suit by the plaintiff, petitioner herein, who is real sister of the respondent-vendor- defendant who was in litigation with State Bank of Patiala before the Debts Recovery Tribunal and this property having been sold in public auction had lost her title in the said property. The impugned order affirmed - the revision petition is dismissed.
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