Impleadment in specific performance suits requires a present legal interest, not a mere future expectation.

In a suit for specific performance, impleadment under Order I Rule 10(2) CPC depends on whether the proposed party is necessary for an effective decree or proper for complete adjudication. The plaintiff remains dominus litis, and only contracting parties, their legal representatives, or transferees are ordinarily necessary parties. A person with no present right, title or interest in the suit property, and only a contingent expectation of future acquisition, cannot claim impleadment. A reference to section 12A of the Airports Authority of India Act, 1994 did not alter that position because the lessee's powers were confined to the demised area. The appellant was therefore neither a necessary nor a proper party.

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Issues: Whether the appellant was a necessary or proper party in the suit for specific performance and was entitled to impleadment under Order I Rule 10(2) of the Code of Civil Procedure.

Analysis: The plaintiff is ordinarily dominus litis, but the court may add a party only if the person is either necessary for passing an effective decree or proper for complete and effectual adjudication. In a suit for specific performance, the necessary parties are generally the contracting parties and their legal representatives or transferees; a person claiming only a possible future lease or expectancy in the property does not thereby acquire a present right, title or interest. The appellant had not been leased the disputed land and had no existing claim against the plaintiff, while the plaintiff also sought no relief against the appellant. The reference to section 12A of the Airports Authority of India Act, 1994 did not assist the appellant, because any powers of the lessee were confined to the demised area and could not extend to land not leased to it.

Conclusion: The appellant was neither a necessary party nor a proper party, and its impleadment was rightly refused.

Ratio Decidendi: In a suit for specific performance, a person who has no present right, title or interest in the suit property, but only a contingent expectation of acquiring an interest in future, cannot be impleaded as a necessary or proper party.

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