Specific performance suits cannot be converted into title disputes or used to challenge a separate consent decree by amendment.

In a suit for specific performance, relief is confined to parties to the contract, and a stranger cannot be impleaded merely because that person claims rights through a subsequent title. An amendment that seeks to convert the suit into one for declaration of title, challenge to a consent decree, and possession amounts to a fundamental change in the nature of the original action and is impermissible. The proper remedy to impeach the consent decree is a separate proceeding, not expansion of the pending specific performance suit. The order allowing impleadment and amendment was therefore unsustainable.

---

---

Issues: (i) Whether a third party to an agreement for sale can be impleaded in a suit for specific performance and whether the plaint can be amended to challenge a consent decree and seek declarations beyond the original relief of specific performance.

Analysis: The relief of specific performance under Section 15(a) of the Specific Relief Act, 1963 is available to parties to the contract, and Section 19 of that Act does not justify adding a stranger to the agreement merely because rights in the property are asserted under a subsequent title. The proposed amendment sought to transform the suit from one for specific performance into one for declaration of title, validity of a consent decree, and possession, which amounted to a substantial change in the nature and character of the original suit. The proper course for challenging the consent decree was a separate suit, not an amendment in the pending specific performance action. The authorities dealing with impleadment and liberal amendment of pleadings did not permit such a conversion of the suit.

Conclusion: The impleadment and amendment were impermissible, and the order allowing them was unsustainable.

Final Conclusion: A suit confined to specific performance cannot be enlarged by amendment into a suit for declaration of title and challenge to a consent decree against a third party to the contract; the aggrieved party must pursue an independent proceeding.

Ratio Decidendi: In a suit for specific performance, a stranger to the contract cannot be impleaded or brought in by amendment to convert the action into one for declaration of title or to impeach a separate decree, since such relief lies outside the scope of Sections 15 and 19 of the Specific Relief Act, 1963.

---