TMI Blog2014 (12) TMI 1300X X X X Extracts X X X X X X X X Extracts X X X X ..... ertainly 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. - Civil Appeal Nos. 10940-10941 of 2014 (Arising out of SLP (C) Nos. 996-997 of 2013) - - - Dated:- 10-12-2014 - T. S. Thakur And Adarsh Kumar Goel, JJ. JUD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008 in O.S. No.3 of 2007 in the Court of District Judge, Kanyakumari at Nagercoil, for being impleaded as defendant, pleading that he will suffer prejudice being beneficiary of the Trust if the sale is effected at a throw away price. According to him, the value of the property was more than ₹ 50,000/- per cent while the proposed sale was for ₹ 22,000/- percent. 6. The application was opposed by the plaintiff submitting that the beneficiary was a stranger to the agreement and was not a necessary or proper party. 7. The trial Court accepted the application. It held that the plaintiff was not a stranger to the subject matter of dispute and was entitled to be impleaded as a party. Reliance was placed on the Judgment of the M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant was certainly a proper party and the trial Court was justified in exercising its jurisdiction under Order I Rule 10(2) of the Code of Civil Procedure, 1908 in impleading the appellant as a party. Even if the Trustee had the right of alienation, the Court was entitled to control the exercise of power of a Trustee under Section 49 of the Indian Trusts Act, 1881 (for short the Trusts Act ). The appellant was entitled to be impleaded as a party to safeguard his right as beneficiary of the Trust so that the Trustees did not exercise their power of alienation unreasonably. Reliance has been placed on Judgment of this court in Mumbai International Airport (P) Ltd. vs. Regency Convention Centre Hotels (P) Ltd. 2010(7) SCC 417. 12. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief. Consequently, a person who is not a party has no right to be impleaded against the wishes of the plaintiff. But this general rule is subject to the provisions of Order 1 Rule 10(2) of the Code of Civil Procedure ( the Code , for short), which provides for impleadment of proper or necessary parties. The said sub-rule is extracted below: 10. (2) Court may strike out or add parties.-The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plainti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person in favour of or against whom the decree is to be made. If a person is not found to be a proper or necessary party, the court has no jurisdiction to implead him, against the wishes of the plaintiff. The fact that a person is likely to secure a right/interest in a suit property, after the suit is decided against the plaintiff, will not make such person a necessary party or a proper party to the suit for specific performance. xxxxxxxxxxxxxxx 19. Referring to suits for specific performance, this Court in Kasturi [(2005) 6 SCC 733], held that the following persons are to be considered as necessary parties: (i) the parties to the contract which is sought to be enforced or their legal representatives; (ii) a transferee of the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
