https://www.taxtmi.com/caselaws?id=311082 The SC dismissed appeals in a specific performance suit involving jointly owned property. The plaintiff admitted the suit property was jointly owned by the defendant, his wife, and three sons. The defendant raised non-joinder of necessary parties objection. The SC applied the twin test for necessary parties: there must be a right to relief against such party, and no effective decree can be passed without them. Since the co-owners were not impleaded, no effective decree could be passed affecting their rights. The HC judgment was upheld. en-us Tue, 27 Sep 2022 00:00:00 +0530 Thu, 07 Dec 2023 06:21:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311082 The SC dismissed appeals in a specific performance suit involving jointly owned property. The plaintiff admitted the suit property was jointly owned by the defendant, his wife, and three sons. The defendant raised non-joinder of necessary parties objection. The SC applied the twin test for necessary parties: there must be a right to relief against such party, and no effective decree can be passed without them. Since the co-owners were not impleaded, no effective decree could be passed affecting their rights. The HC judgment was upheld. Case-Laws Indian Laws Tue, 27 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311082