In Brief
Two suits for specific performance were challenged regarding the correct identity of the defendants. Two other persons bearing the same name as the defendants claimed they, not the named defendants, were parties to the sale agreements. The Division Bench held these claimants were necessary parties to determine who the true contracting parties were. The Supreme Court reversed this, holding that a plaintiff has the right to choose whom to sue and need not implead persons merely claiming to be the true defendants. Such claimants must pursue independent legal proceedings if they believe they are the correct parties or that collusion has occurred. The risk of suing the wrong party rests with the plaintiff."
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