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[Landmark Judgement] Kasturi V. Iyyamperumal (2005) 

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Landmark Judgment Law Insider (1)

Published on: February 7, 2024 at 16:10 IST

Court: Supreme Court of India

Citation: Kasturi V. Iyyamperumal (2005) 

Honourable Supreme Court of India has laid down test for determining the necessary parties for the Suit for Specific Performance. It is held that all the parties who are necessary for the enforceability of the contract are patently necessary in such suit. However, by adding parties who do not play any role in the enforcement of the contract if added then it would result in enlargement to the scope of the Suit for Specific Performance and it would be practically converted into a Suit for Title.

11. As noted herein earlier, two tests are required to be satisfied to determine the question who is a necessary party, let us now consider who is a proper party in a suit for specific performance of a contract for sale. For deciding the question who is a proper party in a suit for specific performance the guiding principle is that the presence of such a party is necessary to adjudicate the controversies involved in the suit for specific performance of the contract for sale. Thus, the question is to be decided keeping in mind the scope of the suit. The question that is to be decided in a suit for specific performance of the contract for sale is to the enforceability of the contract entered into between the parties to the contract. If the person seeking addition is added in such a suit, the scope of the suit for specific performance would be enlarged and it would be practically converted into a suit for title. Therefore, for effective adjudication of the controversies involved in the suit, presence of such parties cannot be said to be necessary at all.

Drafted By Abhijit Mishra