IMPORTANT CASE LAWS - Madras High Court

(2011) 3 MLJ 251
K.P. Rajendran and Anr
vs
N.R. Nachmuthu and Ors
Specific Relief Act (47 of 1963), Section 15 and 19 – Specific performance of contract – Party sought to be
impleaded in suit not claiming any independent title but claiming title through one of parties – He is necessary
party and liable to be impleaded as party to suit.
Held: A combined reading of Sections 15 and 19 of the said Act, makes it clear that the parties to the contract and their
representatives in interest can claim enforcement of the contract and the contract can be enforced against either party or
any other person claiming under him by a title arising subsequently to the contract.
In this case, it is admitted that after filing of the suit, the fourth respondent purchased the property from the other
defendants and therefore, she is coming under Section 19(b) of the said Act. Further, under Section 19(b) of the said Act, if
the subsequent purchaser is able to prove that he is transferee for value, who paid the money in good faith and without
notice of the original contract, the specific performance of contract cannot be enforced against him and therefore, the
subsequent purchaser is entitled to get the suit dismissed filed by the prospective purchaser under the agreement of sale, if
he is able to prove that he is bona fide purchaser for value and he purchased the property without notice of the original
contract. Therefore, the subsequent purchaser, who purchased the subject matter of the suit from one of the parties is a
necessary party to have a binding decree against other parties.
In the event of any decree being passed in favour of the revision petitioner, the fourth respondent has to execute
sale deed along with the respondents 1 to 3 and therefore, in order to bind the fourth respondent, he is a necessary party.
Without appreciating the same, the Lower Court relied upon the judgments in S.G. Kannappan v. S. Murugesan and Another
(2001) 4 CTC 730: (2002) 1 MLJ 90, and Anil Kumar Singh v. Shivnath Mishra (1995) 3 SCC 147 and dismissed the
application.
2011 -2- L.W. 270
S.R. Jayaraman and Ors
vs
C. Jothirlingam and Ors
C.P.C., Order 33, Rule 1, Order 7, Rule 11, Practice and Procedure, Challenge to order of lower court
granting permission of the Court to recognize the Power Agent to continue the suit – As per Order 33, Rule 1 of
C.P.C., when an application filed is rejected by the Court, refusing to grant permission to the plaintiff to sue as
indigent person, sufficient time has to be given to the plaintiff - Even after the dismissal of the application filed
under Order 33, Rule 1 of C.P.C., the Court has to give further time to the plaintiffs to pay the Court fee in this case,
that situation has not arisen.
In this case, though the time was fixed by this Court respondents filed application under Order 33, Rule 1
of C.P.C., seeking permission of the Court to continue the proceedings as informa pauperis – In that application
before passing any order, the Stamp duty and the Court fee was paid – It cannot be stated that there is non
compliance of Order 7, Rule 11 of C.P.C., which warrants dismissal or the rejection of the plaint.
As per the residuary power given by the principal, the Agent is entitled to file the suit in respect of the
permission given in the Power – No infirmity in the order of the Court below.
It is admitted that this Court vide order 08.01.2008, passed in C.R.P(NPD) No. 1399 of 2006, directed the
respondents to pay the Court fee under Section 40 of the said Act and granted two months time to pay the same. It is seen
from the endorsement of the Court below that the plaint was returned to the respondents on 08.01.2008, with a direction to
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