કરારના વિશિષ્ટ પાલનમાં પ્રતિવાદીના બહેન કરારમાં પક્ષકાર ન હતા પરંતુ દાવાની મિલ્કતમાં તેમનો હક્ક સમાયેલ હોવાનું જણાવેલ. તે દાવામાં નેશેસરી પક્ષકાર નથી.

રીલેટેડ પેરેગ્રાફ :

The parties to the agreement for sale in respect of which the suit for specific performance was filed were only the plaintiff and the defendant. The only relief claimed was that the defendant should be ordered to execute a document of sale in pursuance of the agreement of sale or the same should be got executed through Court. The plaintiff was willing to take the title which his vendor had. No relief for possession of the suit property was claimed, nor was any relief claimed against the defendant’s sisters. They claimed that they were entitled to inherit the suit property under the provisions of the Hindu Law and that the agreement of sale was not binding on them and therefore entitled to be impleaded as parties to the suit.

Held, defendant’s sisters could not be allowed to be joined as parties to the suit. They could not be said to be necessary parties, nor was their presence necessary to adjudicate upon all the questions involved in the case. (Paras 4 6)