Back
B. V. L. N. CHAKRAVARTHI
Gurukrupa Tenali – Appellant
Versus
Narra Kamala – Respondent
JUDGMENT
B.V.L.N.CHAKRAVARTHI, J. - Heard Sri N.Srirama Murthy, learned counsel for Revision Petitioners and Sri M.R.K.Chakravarthy, learned counsel for Respondents.
2. This Revision Petition is directed against the order dtd. 5/2/2016 passed in I.A.No.923/2015 in O.S.181/2014 on the file of Prl.Senior Civil Judge's Court, Tenali. The I.A.923/2015 was filed by the 1st respondent/plaintiff under I Rule 10 C.P.C. to implead the respondents No.2 and 3 as plaintiffs No.2 and 3 in the suit.
3. The learned counsel for revision petitioners would submit that the respondents No.2 and 3 are not necessary parties, as the plaintiff is contending that the plaint schedule property is her absolute property, fell to her share in the partition, and further, no application was filed by the proposed parties to implead them as plaintiffs or defendants in the suit.
4. The learned counsel for 1st respondent/plaintiff would submit that the disputed property is a part of 2170 sq. yards of site, wherein the proposed parties are also having 2/5 share, and the suit was filed for declaration of title of the plaintiff and for permanent injunction, and the defendants contending that there was no partition betwee
The main legal principle established is that the Court has the discretion to add parties to a suit, with or without application, in order to effectively adjudicate and settle all the questions involv....
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
The main legal point established in the judgment is the interpretation of joint family property and the necessity of impleading necessary or proper parties in a suit.
Parties cannot be added as defendants if the properties in question are not included as subject matter in the suit.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
