In Brief
Two suits for specific performance involved questions about the correct identity of defendants named Charanjeet Singh Rekhi and Manjit Kaur. Other individuals with the same names filed applications claiming they were the actual defendants and should be made necessary parties to the suits. The High Court's Single Judge dismissed these applications, holding that the plaintiff had chosen specific defendants and the question of mistaken identity could not be determined within the specific performance suit itself. A Division Bench reversed this decision. The Supreme Court restored the Single Judge's order, holding that the plaintiff, as dominus litus, has the right to choose whom to sue, and third parties cannot insist on becoming parties merely by claiming to be the original defendants. Such claimants must pursue separate proceedings.
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