A Plaintiff Cannot Be Compelled To Add Parties Against Whom He Does Not Want To Fight

The Supreme Court of India in its recent Judgment dated 17th July, 2019 in Civil Appeal Nos. 5522-5523 of 2019 Gurmit Singh Bhatia V. Kiran Kant Robinson & Ors. while upholding the Order of the High Court of Chhattisgarh held that the Plaintiff cannot be compelled to implead a person in a suit for specific performance, against his wish and more particularly with respect to a person against whom no relief has been claimed by the Plaintiff.

FACTS:

The Respondent Nos. 2 & 3 (the Original Plaintiffs) filed a Suit ("the said Suit") against Respondent No. 1 (the Original Defendant No. 1) for specific performance of the Agreement to sell/ contract dated 3th May, 2005 which was executed by Respondent No. 1 (the original Defendant No. 1), in the Court of the 4th Additional District Judge, at Bilaspur.