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PANKAJ MITHAL, PRASANNA B. VARALE
Nak Engineering Company Pvt. Ltd. – Appellant
Versus
Tarun Keshrichand Shah – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 3 , 4 , 7 , 8 , 9 , 10) |
| 2. appellant's arguments for impleadment (Para 11 , 12 , 20 , 21 , 22) |
| 3. high court's reasoning for revoking impleadment (Para 15 , 16 , 17) |
| 4. determining necessity of parties in a suit (Para 19 , 32 , 34) |
| 5. legal definitions of necessary and proper parties (Para 33 , 35 , 38) |
| 6. court's confirmation of high court's judgement (Para 39 , 41 , 42) |
| 7. conclusion and final orders of the court (Para 44 , 45 , 46) |
JUDGMENT :
PANKAJ MITHAL, J.
1. Leave granted.
2. We have heard Shri Chander Uday Singh, senior counsel assisted by Shri Amarjit Singh Bedi, Advocate-on-Record for the appellant-NAK Engineering Company Pvt. Ltd.1 [Hereinafter referred to as ‘appellant’] and Dr. Abhinav Chandrachud, learned counsel assisted by Shri Surjendu Sankar Das, Advocate-on-Record for the respondent No. 1-Tarun Keshrichand Shah.2 [Hereinafter referred to as ‘respondent No. 1’]
3. Respondent No. 2-Priyalata Keshrichand Shah3 [Hereinafter referred to as ‘respondent No. 2’] is reported to be dead and her interest is represented by respondent No. 1.
4. Respondent No. 3-M/s Kishore Engineering Company4 [Hereinafter referred to as ‘responden
Addition of necessary party in suit – Plaintiffs are dominus litis and they cannot be compelled to add a party to defend suit against their wishes.
Code of Civil Procedure under Order 22 Rule 10, deals with the assignment, creation order-volution of any interest. In those cases party can be joined. Those contingencies may occur in case of transf....
A court may exercise discretion to add necessary or proper parties in a suit for effective adjudication, distinguishing necessary parties (essential for decree) from proper parties (important for adj....
The court may compel the addition of necessary parties to a suit despite the plaintiff's choice, ensuring all interested parties can be adjudicated effectively.
An applicant seeking impleadment must demonstrate a direct legal interest and right to relief concerning the controversy in a suit; absence of such a link renders the request for impleadment invalid.
The main legal point established in the judgment is that the discretionary power to add parties under Order 1 Rule 10 of the Code of Civil Procedure should be exercised to ensure the effective adjudi....
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