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V. R. K. KRUPA SAGAR
M. B. Lakshmi – Appellant
Versus
M. R. Brahmaji Rao – Respondent
ORDER :
Third parties to a suit, whose prayer for impleadment in the suit having been negatived by the trial Court, have come up with this civil revision petition under Article 227 of the Constitution of India.
2. Respondent No.1 is the plaintiff, respondent No.2 herein is the defendant and respondent No.3 herein is one of the third parties out of the three. The order impugned is that of learned Principal Junior Civil Judge, Amalapuram in I.A.No.953 of 2017 in O.S.No.30 of 2016 passed on 23.10.2018.
3. O.S.No.30 of 2016 is a suit for recovery of possession of lease hold property and for recovery of rent or damages. The property in dispute is described in the plaint schedule as house bearing Door No.2-148 situated in 145 square yards of site in Bhatnavilli Village of Amalapuram Mandal, East Godavari District. In the plaint, it is alleged that the defendant owned this property and for a valid consideration of Rs.5,20,000/- and by executing a regular registered sale deed on 11.10.2010 it was sold in favour of the plaintiff and in the sale deed, a recital is there about warranty of title and possession of the property was also delivered to the plaintiff. Thereafter, on 18.07.2011 under a
Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
Impleading a party to decide the cause raised in the suit is essential when the party's claim is necessary to address the issues concerning possession of the property.
Third parties can be impleaded in injunction suits where their involvement is necessary for complete adjudication, helping avoid future legal conflicts.
A party can be impleaded if their presence is necessary for complete adjudication, affirming the plaintiff's authority in selecting parties to sue.
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