Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1996

Supreme Court of India · 1996-07-30

VIJAY PRATAP vs SAMBHU SARAN SINHA .

Citation / case number
SC 1996/65853
Court
Supreme Court of India
Petitioner
VIJAY PRATAP
Respondent
SAMBHU SARAN SINHA .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court dismissed the special leave petition against the order of the High Court which upheld the trial court's decision to deny the petitioners' application under Order 1, Rule 10 CPC to be added as parties in a suit for specific performance. The court held that the petitioners were neither necessary nor proper parties, as their inclusion would transform the suit into a title suit, which is beyond the scope of a specific performance action. The court noted that questions regarding the genuineness of the relinquishment deed signed by their deceased father could not be addressed at this stage.

VIJAY PRATAP vs SAMBHU SARAN SINHA . · Niyam