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1997 Supreme(SC) 284
SUPREME COURT OF INDIA
K T Thomas, M M Punchhi
RAM KRISHNA GHOSH AND OTHERS, APPELLANTS
VERSUS
ROOP CHAND MOLLA AND OTHERS, RESPONDENTS.
Civil Appeal No. 1707 of 1982, decided on February 18, 1997.
Failure to implead necessary parties in an appeal can result in the dismissal of the appeal.
Headnote:
Impleading - Civil Procedure - Failure to implead necessary parties
Fact of the Case:
The original suit was decreed in favor of the plaintiffs by the trial court and confirmed by the lower appellate court. However, the High Court in second appeal reversed the decree. The plaintiffs filed an appeal, but the original defendants were not impleaded as parties in the appeal.
Finding of the Court:
The court found that a grave error was committed by the appellants in not impleading the original defendants as parties, who had contested the suit. In the absence of the contesting parties, the appeal could not proceed. The court dismissed the appeal and a related petition for addition of respondents and revocation of leave.
Issues: Failure to implead necessary parties in the appeal
Ratio Decidendi: The appeal cannot proceed in the absence of necessary parties who had contested the suit.
Final Decision: The court dismissed the appeal and the related petition due to the absence of necessary parties.
ORDER
1. In the original suit Tarak Muchi (Ruidas) and Patasi Dasi were the only two arrayed defendants. Likewise, plaintiffs were two in number, being Subimal Krishna Ghosh and Bijoy Krishna Ghosh. The suit of the plaintiffs was decreed by the trial court which decree was confirmed by the lower appellate court. The High Court in second appeal reversed the same. The instant appeal is by the plaintiffs. Surprisingly, in the SLP the two defendants aforesaid have not, by neglect or design, been impleaded as parties. On the contrary, the persons impleaded have pointed out the defect and have moved Civil Miscellaneous Petition No. 3151 of 1983 for addition of respondents and for revocation of leave.
2. On hearing learned counsel for the parties and having gone through the records, we find that a grave error has been committed by the appellants in not impleading the original defendants as parties herein who had contested the suit. In the absence of those contesting parties before us, the appeal cannot proceed. We, therefore, not only dismiss Civil Miscellaneous Petition No. 3151 of 1983 but also the appeal as well, as no relief can be granted to the appellants in the absence of necessary parties.
