VIKAS GARG (LAWYER) 23 October 2008

Specific relief act -2

A multiple choice question is given below with answer but I failed to understand it properly.

Please comment on it to help me to understand it and whether it is correct or incorrect and explain, if possible

Q. Where applicant neither necessary party nor proper party in suit of specific performance whether his presence is necessary for effective adjudication?:

(a) yes

(b) no

(c) conditional one

(d) none of above

Answer given in book is (b) no

Please guide to me regarding this concept.

Thanks

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2 Replies

Manish Singh (Advocate) 24 October 2008

the answer in my view id perfectly okay.

if you go thru the question, it asks that the applicant is neither a party to the contract nor a third party under the contract who has done nothing under the contract, so his presence can not be said to be of any importance to adjudicate the matter properly since he can not be an evidence or otherwise.