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Supreme Court while deciding whether a person is a necessary party or not in a suit for specific performance of a contract for sale made the following observation: “Since the respondent is not a party to the agreement of sale, it cannot be said that without his presence the dispute as to specific performance cannot be determined. Therefore, he is not a necessary party.”
Anil Kumar Singh v. Shivnath Mishra Alias Gadasa Guru, reported in 1995(3) SCC 147,
Held that to decide the right, title and interest in the suit property of the stranger to the contract is beyond the scope of the suit for specific performance of the contract and the same cannot be turned into a regular title suit - Therefore, in our view, a third party or a stranger to the contract cannot be added so as to convert a suit of one character into a suit of different character.
Vijay Pratap & others v. Sambhu Saran Sinha, 1996(10) SCC 53
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