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april 2005

Supreme Court of India · 2005-04-25

Kasturi vs Uyyamperumal & Ors

Court
Supreme Court of India
Petitioner
Kasturi
Respondent
Uyyamperumal & Ors
Author
Tarun Chatterjee
Bench
N.Santosh Hegde, Tarun Chatterjee, P.K.Balasubramanyan

Judgment text excerpt

The Supreme Court held that in a suit for specific performance of a contract, a third party claiming independent title and possession over the property cannot be added as a defendant under Order 1 Rule 10 of the CPC. The Court found that the trial court and High Court acted illegally in allowing the addition of such parties, emphasizing that specific statutes dictate who may be parties in proceedings under those statutes. The Court reversed the lower courts' decisions, thereby upholding the original suit's integrity without the third parties.

Kasturi vs Uyyamperumal & Ors · Niyam