1. Impleadment of a beneficiary as a party in pending court proceedings. (Para 2 )
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1996 Supreme(SC) 58
1996(1) Supreme 737
SUPREME COURT OF INDIA
K. Ramaswamy and G.B. Pattanaik, JJ.
M/s. National Aluminium Co. Ltd. -Appellant
versus
Raj Kishore @ Sahu Jena & Anr. -Respondents
Civil Appeal No. 2239 of 1996
Decided on 9-1-1996
IMPORTANT POINT
A beneficiary is entitled to be impleaded as a party in the pending proceedings in the court.
Headnote:Constitution of India-Article 136 -Appeal by special leave-Prayer by appellant to be impleaded as party in the pending proceedings-Held being beneficiary he is entitled to be impleaded in view of JT 1994(7) SC 304. (Para 2)
Legal Category Hierarchy
-
practice and procedure
-
parties to suit
- impleadment (Para 2)
-
parties to suit
Table of Contents
2. The issue is settled by precedent, and a beneficiary is entitled to be impleaded as a party in pending proceedings. (Para 2 )
3. A beneficiary is entitled to be impleaded as a party in pending legal proceedings. (Para 2 )
4. Appeal allowed. (Para 3 )
5. Whether a beneficiary is entitled to be impleaded as a party in pending court proceedings?
Yes, a beneficiary is entitled to be impleaded as a party in pending proceedings. (Para 2 )
ORDER
Leave granted.
2. Though notice was served on the respondents, no one has appeared for the first respondent-claimant. The controversy is no longer res interga. They are covered by the judgment of this Court in U.P. Avas Vikas Evam Parishad v. Gyan Devi [Dead] by Lrs. & Ors.1. In that view, the appellant being beneficiary is entitled to be impleaded as a party in the pending proceedings in the court of Subordinate Judge, Angul.
3. The appeal is accordingly allowed. No costs.
Appeal allowed
*******
Parallel Citations of other Journals :
M/s. National Aluminium Co. Ltd. v. Raj Kishore, 1996(1) Supreme 737 : JT 1996(1) SC 617
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