Impleadment in specific performance suits may be allowed where a co-sharer shows a fair semblance of title or interest.

A third party claiming co-sharership and a fair semblance of title or interest may, in appropriate cases, be impleaded in a suit for specific performance under Order I Rule 10 CPC to avoid multiplicity of proceedings. A stranger to the agreement of sale cannot ordinarily be added where the nature of the action and the statutory scheme do not permit it. On the stated facts, the applicant's co-sharership in the suit land provided sufficient interest to justify impleadment, and the application was maintainable.

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Issues: Whether a third party claiming co-sharership and a fair semblance of title or interest in the suit property could be impleaded in a suit for specific performance under Order I Rule 10 of the Code of Civil Procedure, 1908.

Analysis: A person who can show a fair semblance of title or interest is not barred in every case from seeking impleadment in a suit for specific performance. The presence of such a claimant may be necessary to avoid multiplicity of proceedings, because otherwise the claimant would have to wait for a decree and then pursue separate litigation. At the same time, a stranger to the agreement of sale cannot ordinarily be impleaded in such a suit where the statutory scheme and the nature of the action do not permit it. On the facts, the applicant's co-sharership in the suit land gave him sufficient semblance of interest to justify impleadment.

Conclusion: The application for impleadment was maintainable and the petitioner was entitled to be added as a party to the suit.

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