IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1255 OF 2005 IN SUIT NO.1338 OF 1982 Mr.Chandru Lachmandas ...Plaintiff Versus Ravi Soans of Bombay ...Defendant And Sai Krupa Builders & Developers Pvt.Ltd. ...Respondents ....... Mr.Kapadia i/b Maneksha & Sethna for Plaintiff. Mr.Milind Sathe with Mr.A.G.Almeida for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. OCTOBER 18, 2005. OCTOBER 18, 2005. OCTOBER 18, 2005. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. This Chamber Summons is taken out by the Plaintiff to add Saikrupa Builders and Developers : 2 : Pvt.Ltd. as party Defendant to the pending Suit. 3. It is seen that the Suit is for specific performance filed against the Defendant. To such a Suit, third party cannot be impleaded as Defendant. This is so because the Respondent cannot be said to be necessary or proper party. 4. The argument canvassed on behalf of the Plaintiff that the Plaintiff is seeking relief in respect of remainder period of Lease, clearly overlooks that the lease has expired in 1995. The property has been developed thereafter. In such a situation, it is not possible to take the view that Respondents are either necessary or proper party to the Suit. In any case, Plaintiff has registered Lis-Pendente in 1982. The steps taken by the owner in respect of the suit property will be governed by the Lis Pendente. In any case, there is no reason to entertain the present Application for impleadment of Respondent. The same is dismissed. A.M.KHANWILKAR, J.