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Supreme Court of India 2019-07-17 dismissed

GURMIT SINGH BHATIA vs KIRAN KANT ROBINSON

Bench: 3 — Arun Mishra, S. Abdul Nazeer, M.R. Shah

In Brief

The case concerns whether a third party who purchases property during the pendency of a specific performance suit can be forcibly impleaded as a defendant against the original plaintiffs' wishes. The appellant had purchased the property under a sale deed from the vendor (defendant) while the suit was ongoing, and sought to be joined as a defendant. The Supreme Court held that the plaintiff is dominus litis (master of the suit) and cannot be compelled to implead a party not signatory to the original contract without consent, as this would impermissibly convert a suit for specific performance into one for title and possession. The Court dismissed the appeal, affirming the High Court's decision."

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Civil Procedure Specific Performance Parties to a Suit Contract Law

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