01Facts
The petitioner, plaintiff in a suit for specific performance, sought under Order I Rule 10 CPC to join Capri Global Capital Limited (respondent No. 2), a mortgagee of the suit property, as a defendant.
¶ 2–6The plaintiff alleged that the sale consideration had been paid to respondent No. 1 and/or to respondent No. 2, and that respondent No. 2 had issued no objection to being joined.
¶ 2–6Respondent No. 1 opposed the application.
¶ 2–6The trial court rejected it, finding respondent No. 2 neither a necessary nor a proper party.
¶ 2–6The petitioner challenged that order under Article 227 of the Constitution.
¶ 2–602Issues
i.Whether the mortgagee, which was not a party to the agreement to sell, was a necessary or proper party to the plaintiff’s specific-performance suit
¶ 3.2, 4–8ii.Whether the trial court’s refusal to join the mortgagee warranted interference under Article 227 of the Constitution
¶ 6, 8, 1003Law Applied
Order I Rule 10(2) CPC empowers the court to add a party whose presence is necessary for effective and complete adjudication; the plaintiff’s status as dominus litis does not entitle them to join any person they choose.
¶ 6, 8, 10The principles in Mumbai International Airport Private Ltd. v. Regency Convention Centre and Hotels Pvt. Ltd., (2010) 7 SCC 417, require the court to assess whether a proposed party is necessary or proper.
¶ 6, 8, 10In exercising supervisory jurisdiction under Article 227, the High Court does not interfere merely for an error of law; the judgment states that an egregious error is required.
¶ 6, 8, 1004Reasoning
The specific-performance claim concerned an agreement made between the plaintiff and respondent No. 1, to which respondent No. 2 was not privy.
¶ 5–9The plaintiff’s allegation that consideration had been paid to the mortgagee, and respondent No. 2’s lack of objection to joinder, did not by themselves make it a necessary or proper party.
¶ 5–9Applying Mumbai International Airport, the Court held that the trial court had properly exercised its discretion under Order I Rule 10(2).
¶ 5–9It added that the trial court could still join respondent No. 2 later if its presence became necessary for effective implementation of any decree.
¶ 5–905Holding
The Court held that respondent No. 2 was not, on the facts then before it, a necessary or proper party and found no egregious error warranting intervention under Article 227.
¶ 9–11The petition was dismissed, without costs.
¶ 9–11The trial court remained free to consider joinder later if required for effective implementation of a decree.
¶ 9–11Original Court PDF
GHANSHYAMBHAI DAYALJIBHAI MANEKvsNEHABEN RAJNIKANT GANDESHA
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