P&H: Legal Heir of deceased executant to agreement to sell cannot be excluded from specific performance suit

punjab-haryana
⚖️ Order Date: 30 Jul 2026
Headnotes

(i) Civil Procedure Code, 1908, O.1.R.10(2), S.151 — Impleadment of parties —  Court has wide discretionary power to add any person as party whose presence is necessary or proper for effectively and completely adjudicating all questions involved in suit and to avoid multiplicity of proceedings...

(ii) Civil Procedure Code, 1908, O.1.R.10(2), S.2(11) — Impleadment of parties — Legal representative — Expression “legal representative” is of wide amplitude and is not confined only to heir who ultimately succeeds to estate — It includes every person who in law represents the estate...

(iii) Civil Procedure Code, 1908, O.1.R.10(2), O.22, S.2(11) — Impleadment of parties — Suit for specific performance — Death of vendor — Decree for specific performance enforces contractual obligation against estate of executant of agreement to sell — If executant dies during pendency of proceedings,...

(iv) Civil Procedure Code, 1908, O.1.R.10(2) — Impleadment of parties — Necessary and proper party — Petitioner being one of sons of deceased vendor and an attesting witness to agreement to sell, could not be treated as stranger merely because he also relied on registered...

(v) Civil Procedure Code, 1908, O.1.R.10(2) — Impleadment of parties — Subsequent transferee and legal representative — Subsequent transferee and a legal representative occupy distinct legal fields — Presence of one cannot eliminate necessity of other —Merely because transferees have been impleaded, it cannot be...

(vi) Civil Procedure Code, 1908, O.1.R.10(2) — Impleadment of parties — Trial Court committed jurisdictional error in treating petitioner as stranger claiming independent title without first examining his admitted status as one of legal representatives of deceased executant - Impugned order set aside. (Para 28)


Facts of the Case

P&H: Legal Heir of deceased executant to agreement to sell cannot be excluded from specific performance suit

The Punjab and Haryana High Court has held that the legal representative of a deceased vendor cannot be kept out of a suit for specific performance merely because the plaintiff later chose to give him up and proceeded against other transferees.

High Court was hearing a revision petition filed by Inderjeet Singh, who had initially been impleaded as defendant no. 2 in a suit filed by Smt. Kashmiri Yadav. The suit began as one for permanent injunction based on an agreement to sell dated 1 October 2018, but was later sought to be converted into a suit for specific performance.

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