Case Note & Summary
The petitioner, Mrs. P. Swapna, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 24.06.2020 passed by the LXXV Additional City Civil and Sessions Judge, Bangalore, on I.A. No.2 under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (CPC) in O.S. No.7690/2016. The petitioner is the plaintiff in the suit, which is for specific performance of a contract of sale of immovable property. The respondents are the defendants. The suit property is a residential site. The petitioner alleged that the respondents No.1 to 4, through their GPA holder respondent No.5, executed an agreement of sale in her favour on 15.06.2011 and delivered possession of the property. The petitioner paid part of the sale consideration. However, the respondents failed to execute the sale deed. The petitioner filed the suit in 2016. During the pendency of the suit, respondent No.6, Mr. M.K. Hariprasad, filed an application under Order I Rule 10(2) CPC seeking to be impleaded as a defendant, claiming that he had purchased the suit property from the original owners (respondents No.1 to 4) under a registered sale deed dated 20.05.2016 and was in possession. The trial court allowed the application, holding that respondent No.6 was a necessary and proper party. The petitioner challenged this order. The High Court considered the submissions. The petitioner argued that the suit was not barred by limitation as possession was delivered in part performance, and that respondent No.6 was not a necessary party. The respondents argued that the suit was barred by limitation and that respondent No.6 had a direct interest. The High Court held that the trial court's order allowing impleading was correct as respondent No.6 had a direct interest in the property and his presence would avoid multiplicity of proceedings. The court also held that the suit was not barred by limitation because possession was delivered to the plaintiff in part performance, and the cause of action continued. The writ petition was dismissed.
Headnote
A) Civil Procedure Code - Impleading of Parties - Order I Rule 10(2) read with Section 151 CPC - Necessary and Proper Party - The court held that a person who claims interest in the suit property and whose presence is necessary for effective and complete adjudication of the dispute is entitled to be impleaded as a party. The trial court's order allowing impleading was upheld as the proposed defendant had a direct interest in the property and his presence would avoid multiplicity of proceedings. (Paras 5-10) B) Limitation Act, 1963 - Suit for Specific Performance - Part Performance - Section 53A of Transfer of Property Act, 1882 - The court held that where possession of the suit property was delivered to the plaintiff in part performance of the agreement, the suit for specific performance is not barred by limitation as the cause of action continues. The plaintiff's possession was protected under Section 53A of the Transfer of Property Act, 1882. (Paras 11-15) C) Civil Procedure Code - Impleading of Parties - Order I Rule 10(2) CPC - Timeliness - The court held that an application for impleading can be filed at any stage of the proceedings if the person sought to be impleaded has a direct and substantial interest in the subject matter. The trial court's discretion in allowing the application was not interfered with. (Paras 16-20)
Issue of Consideration
Whether the trial court erred in allowing the impleading application under Order I Rule 10(2) CPC filed by the proposed defendant (respondent No.6) in a suit for specific performance of contract, and whether the suit is barred by limitation.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order allowing the impleading application under Order I Rule 10(2) CPC. The court held that respondent No.6 was a necessary and proper party and that the suit was not barred by limitation due to part performance.
Law Points
- Order I Rule 10(2) CPC
- Section 151 CPC
- Impleading of necessary and proper parties
- Limitation Act 1963
- Part performance
- Suit for specific performance
