Injunction: Grant of – Impleading of necessary parties – Requirement of – On facts, the High Court granted injunction for some of the suit properties, in which the appellants-third parties have right, title or interest on the basis of the development agreement – Appellants neither impleaded nor given an opportunity of being heard – Application to implead the appellants as necessary and proper parties not disposed of – Sustainability of – Held: Not sustainable – Before granting any injunction with respect to the properties in which the appellants-third parties are claiming right, title or interest on the basis of the development agreements or otherwise they ought to have been given an opportunity of being heard – No injunction could have been granted against them without impleading them as party-defendants in the suit and thereafter without giving them an opportunity of being heard – Trial court rightly rejected the injunction application holding that some of the properties were evidently owned by the firms/trusts/companies which were not made parties to the suit – Thus, the order passed by the High Court granting injunction with respect to 1/7th share in the total plaint schedule properties is set aside – Necessary parties – Impleadment.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.