Supreme Court of India · 1994-10-24
ANIL KUMAR SINGH vs SHIVNATH MISHRA
- Citation / case number
- SC 1994/15110
- Court
- Supreme Court of India
- Petitioner
- ANIL KUMAR SINGH
- Respondent
- SHIVNATH MISHRA
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the petitioner's application to amend the plaint to include the respondent as a party defendant in a specific performance suit. The Court found that the respondent's interest as a co-owner, acquired through a decree under the U.P. Zamindari Abolition and Land Reforms Act, did not arise from the same transaction as the original contract, thus Order 1 Rule 3 and Order 22 Rule 10 CPC were not applicable. The Court concluded that the trial court's decision was correct and did not constitute a grievous error.