Kasturi v Iyyamperumal (2005)

CPC & Limitation Act · Parties — Joinder, Misjoinder & Non-joinder; Frame of Suit

Facts.

In a suit for specific performance of an agreement to sell, strangers to the contract who claimed independent title to the property sought to be joined as defendants.

Issue.

Were persons claiming an independent title necessary or proper parties to a specific performance suit?

Held.

The Supreme Court held they were neither necessary nor proper parties: a necessary party is one against whom relief is claimed and without whom no effective decree can be passed, and the scope of a specific performance suit does not extend to trying rival titles.

Why it matters.

It restates the classic necessary/proper party tests and shows how the frame of the suit controls who may be joined.

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