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2014 (12) TMI 1300 - SC - Indian LawsPrayer of the appellant to be added as a party in a suit for specific performance filed by Respondent No.1-plaintiff - Held that:- High Court erred in interfering with the order of the trial Court impleading the appellant as a party defendant. Admittedly, the appellant is a beneficiary of the Trust and under the provisions of the Trusts Act, the Trustee has to act reasonably in exercise of his right of alienation under the terms of the trust deed. Appellant cannot thus be treated as a stranger. No doubt, it may be permissible for the appellant to file a separate suit, as suggested by Respondent No.1, but the beneficiary could certainly be held to be a proper party. There is no valid reason to decline his prayer to be impleaded as a party to avoid multiplicity of proceedings. Thus, the appellant could not be held to be a stranger being beneficiary of the Trust property. The trial Court was justified in impleading him as a party. The High Court erred in interfering with the order of the trial Court. Accordingly, we allow this appeal, set aside the impugned order of the High Court and restore that of the trial Court dated 10th August, 2010, impleading the appellant as a party defendant in the suit.
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