Dilbag Singh vs Ravinder Kaur - 2015 Supreme(SC) 1234

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2015 Supreme(SC) 1234

SUPREME COURT OF INDIA
Kurian Joseph and Arun Mishra, JJ.
Dilbag Singh and Ors. - Appellants
Vs.
Ravinder Kaur and Ors. - Respondents
Civil Appeal No. 6997 of 2015 (Arising Out of SLP (C) No. 33512 of 2013)
Decided On : 07-09-2015

Important Points

The interest of justice and the original Defendant being set ex-parte influenced the court's decision to allow the application for impleading the Appellants as Defendants.

Subject

Civil Law - Impleading of Parties

Act Referred

CIVIL PROCEDURE CODE : O.1 R.10

Headnote

Order 1 Rule 10 of Code of Civil Procedure - Impleading Appellants as Defendants - The court allowed the application for impleading the Appellants as Defendants No. 2 and 3, setting aside the impugned order and restoring the original order passed by the trial court.

Fact of the Case:

The application for impleading the Appellants as Defendants No. 2 and 3 was dismissed, but the court set aside this decision and restored the original order.

Finding of the Court:

The court found that the presence of the Appellants in the suit would be in the interest of justice, especially considering the original Defendant being set ex-parte.

Issues: Aggrieved by the dismissal of the application for impleading, the Appellants appealed the decision.

Ratio Decidendi: The court's decision was influenced by the interest of justice and the original Defendant being set ex-parte, leading to the restoration of the original order.

Final Decision: The appeal was allowed, setting aside the impugned order and restoring the original order impleading the Appellants as Defendants No. 2 and 3.

Advocates:
Advocate Appeared:
For the Appellant : Suresh Kumari, Divya Mishra, Rekha Singh and S.L. Aneja, Advs.

JUDGMENT :

Kurian Joseph, J.

1. Leave granted.

2. Despite service of notice none has appeared on behalf of the Respondents. The Appellants are aggrieved by the impugned order dated 25.03.2013 whereby the application filed in Suit No. 174 of 2010 under Order 1 Rule 10 of Code of Civil Procedure for impleading the Appellants as Defendants No. 2 and 3 was dismissed. The order passed by the Trial Court allowing the application was set aside.

3. Having regard to the facts and circumstances of the case, particularly the original Defendant being set ex-parte, we are of the view that the presence of Appellants in the suit would be in the interest of justice. Accordingly, the impugned order dated 25.03.2013 is set aside and the order dated 26.02.2011 passed by the trial court impleading the Appellants as Defendants No. 2 and 3 is restored to the file of Suit No. 174 of 2010.

4. This appeal is allowed in the aforesaid terms.