Suit for specific performance ---Un-partitioned property --- Application for impleadment as necessary and proper party by co-sharer --- Scope --- Petitioner sought enforcement of an agreement to sell against the defendant , but the intervenor appeared with the stance that , as an owner in joint khewat , he should also be impleaded in the suit --

  PLD 2023 Lahore 503

Suit for specific performance ---Un-partitioned property --- Application for impleadment as necessary and proper party by co-sharer --- Scope --- Petitioner sought enforcement of an agreement to sell against the defendant , but the intervenor appeared with the stance that , as an owner in joint khewat , he should also be impleaded in the suit --- Validity --- If petitioner succeeded in obtaining a decree of specific performance , it would not harm the intervenor's ownership rights --- Furthermore , there was no legal obstacle to proceeding with the suit without including the intervenor and his presence was not required to resolve the points of contention between the petitioner and the defendant --- Intervenor was neither necessary nor proper party to the suit and the application for impleadment was dismissed

Co-sharer --- -

--- Partition --- Rights of vendee from co-sharer regarding possession --- Scope --- Vendee purchasing property from a co-sharer , who owns án undivided joint property , is clothed with the same rights in the property , no more or no less than that of the vendor --- If the vendor was in exclusive possession of a certain portion of the joint land and transfers its possession to the vendee , so long as there is no partition between the co-sharers , the vendee must be regarded as stepping into the shoes of the transferor qua ownership rights in the joint property , to the extent of the area purchased , provided that the area in question does not exceed the share which the transferor owns in the whole property --- Alienation of specific portion to the vendee would only entitle the latter to retain ostensible possession till such time as an actual legal partition by metes and bounds takes place between the co - sharers .

" Necessary party " - " Proper party " --- Distinction --- Party , without whose absence a suit cannot be proceeded with and a final and binding decree cannot be passed , is called " necessary party " Person whose presence is necessary for the adjudication of all issues and matters involved in the suit and whose interest in or against the relief or the subject matter of the suit may be marginal , nominal , Ilimited or none , is a " proper party " --- Person against whom no relief is asked for could hardly be a necessary party but may be a proper party --- Another difference between the effect of non - impleadment of a necessary or a proper party is that a suit in which a necessary party is not impleaded , is bad while a suit in which a proper party is not impleaded , is not bad .