SHREE KAMAL CONSTRUCTIONS Vs. KAMLAKAR JIWAN PATIL

JUDGEMENT

(1.) Admit.

(2.) The appeal arises from a judgement of a learned Single Judge dated 18 April 2012 by which the Chamber Summons that was taken out by the Appellants, who were the original Plaintiffs, for the amendment of a plaint in a suit for specific performance has been dismissed.

(3.) The Appellants instituted a suit in July 2011 seeking specific performance of an agreement dated 7 December 1984 under which Respondents 1 to 28 agreed to sell the suit property to the Appellants. The Appellants claimed that in pursuance of the agreement, they were put in possession of the property and paid an amount of Rs.50.33 lakhs to Respondents 1 to 28. The Appellants also claimed to have prosecuted three suits pending in the City Civil Court at their own costs and expenses. According to the Appellants, they have incurred expenses in the amount of approximately Rs.2 crores towards the litigation. On 16 February 2010, 1 December 2010 and 15 December 2010, Respondents 1 to 28 are alleged to have executed deeds of conveyance along with Respondents 29 to 49 in favour of Respondents 50 to 55. The Appellants filed a Chamber Summons for impleading Respondents 29 to 55 as Defendants to the suit and for amendment of the plaint. The learned Single Judge by the impugned order came to the conclusion that by the amendment, the suit for specific performance would be converted to a suit on title in respect of the immovable property. In the view of the learned Single Judge, the question to be decided in a suit for specific performance is the enforceability of the contract entered into between the parties to the contract and the addition of parties as sought would convert the suit for specific performance into a suit on title, involving strangers to the contract. The learned Single Judge has, inter alia, observed as folllows:-