Vidur Impex and Traders Pvt. Ltd. & Ors. vs. Tosh Apartments Pvt. Ltd. & Ors. (SC)

Code of Civil Procedure, 1908–Order 1, Rule 10(2)–Application for impleadment of party–Dealing with–Governing principles–
(i) The Court can, at any stage of the proceedings, either on application made by the parties or otherwise, direct impleadment of any person as a party who right to have been joined as plaintiff or defendant or whose presence before the Court is necessary for evidence and complete adjudication of the issues involved in the suit.
(ii) A necessary party is the person who ought to be joined as a party to the suit and in whose absence an effective decree cannot be passed by the Court.
(iii) A proper party is a person whose presence would enable the Court to completely, effectively and properly adjudicates upon all matters and issues, though he may not be a person in favour of or against whom a decree is to be made.
(iv) If a person is not found to be a proper or necessary party, the Court does not have the jurisdiction to order his impleadment against the wishes of the plaintiff.
(v) In a suit for specific performance, the Court can order impleadment of a purchaser whose conduct is above board and who files an application for being joined as a party within the reasonable time of his acquiring knowledge about the pending litigation.
(vi) However, if the petitioner is guilty of contumacious conduct or is beneficiary of a clandestine transaction or a transaction made by the owner of the suit property in violation of the restraint order passed by the Court or the application is unduly delayed then the Court will be fully justified in declining the prayer for impleadment.