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april 2005

Supreme Court of India · 2005-04-25

KASTURI vs IYYAMPERUMAL .

Citation / case number
SC 2003/2802
Court
Supreme Court of India
Petitioner
KASTURI
Respondent
IYYAMPERUMAL .
Author
TARUN CHATTERJEE
Bench
N.SANTOSH HEGDE,TARUN CHATTERJEE,P.K.BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court ruled that in a suit for specific performance of a contract for the sale of property, a third party claiming independent title and possession cannot be added as a defendant under Order 1 Rule 10 of the Code of Civil Procedure (CPC). The Court held that the trial court and High Court acted illegally in allowing such addition, emphasizing that specific statutes dictate who may be parties in proceedings under those statutes. The judgment clarifies the limits of party addition in civil suits, reinforcing the necessity of adhering to statutory provisions governing party inclusion.

KASTURI vs IYYAMPERUMAL . · Niyam