Supreme Court of India · 2018-11-16
Hari Mohan Sharma vs Charanjeet Singh Rekhi
- Citation / case number
- AIRONLINE 2018 SC 992
- Court
- Supreme Court of India
- Petitioner
- Hari Mohan Sharma
- Respondent
- Charanjeet Singh Rekhi
- Author
- R.F. Nariman
- Bench
- Navin Sinha, Rohinton Fali Nariman
Judgment text excerpt
The Supreme Court held that in suits for specific performance, the identity of the defendants is crucial, and the question of mistaken identity cannot be ignored. The Court affirmed the High Court's decision that the appellants, claiming to be Charanjeet Singh Rekhi and Manjit Kaur Rekhi, are necessary parties to the suit as they assert their identity in relation to the contract. The Court emphasized that the plaintiff has the right to choose the parties against whom the suit is filed, and any controversy regarding identity must be resolved within the current proceedings rather than through separate suits.