જે વ્યક્તિ પ્રતિવાદી તરફે મિલ્કતમાં ટાઈટલ હક્ક કલેમ કરતો હોયતો પણ તેને જરૂરી પક્ષકાર તરીકે જોડી શકાય છે. (Para-8)

રીલેટેડ પેરેગ્રાફ :

7.In our opinion, it is not open to respondent No.1 to contend that the decree if passed against respondent No.1 would not bind the respondent No.2. Similarly, respondent No.2 cannot disown the relationship as the right accrues to her only because of the subsequent agreement between the respondents inter-se.

8.In other words, respondent No.2 is claiming right, title and interest through respondent No.1. In such a situation, it is appropriate to allow the application to avoid any further litigation pertaining to the suit property; and, more so, because the transaction between respondents inter-se is during the pendency of the suit, for which reason respondent No.2 is a proper party to the proceedings.

9.Accordingly, the impugned judgment and order passed by the High Court is set aside. The application preferred by the appellant for impleadment of respondent No.2 in the pending suit and for bringing on record subsequent events stands allowed. The amendment to the plaint be carried out within four weeks from today.