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RAVI NATH TILHARI
Korretla Lakshmi – Appellant
Versus
Pentakota Sriramulu – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri P. Gopala Krishna, learned counsel for the petitioner and Sri V. Ashok Ram, learned counsel for the respondents 1 & 2.
2. This civil revision petition under Article 227 of the Constitution of India has been filed by the petitioner being aggrieved from the Order dated 08.05.2024 passed in I.A.No.279 of 2024 in O.S.No.367 of 2023 on the file of the Court of the II Additional Civil Judge (Senior Division), Visakhapatnam, by which, the petitioner's said application for his impleadment as defendant No.2 in the suit has been rejected.
3. The respondents 1 and 2 are the plaintiffs and 3rd respondent is the defendant in the said suit No.367 of 2023.
4. Learned counsel for the petitioner submitted that the petitioner's father was the owner of the plaint schedule property and as such, the petitioner is a necessary party to be impleaded in the suit, her father having died, and the petitioner being in possession and enjoyment of the said property. He further submitted that permanent injunction cannot be granted against true owner and so without impleading the petitioner, true owner, the suit has been filed against defendant/3rd respondent.
5. Learned cou
A party with a legitimate interest in the subject matter of a suit must be included to ensure proper adjudication, as per Article 227 and Order I Rule 10 of the CPC.
Third parties can be impleaded in injunction suits where their involvement is necessary for complete adjudication, helping avoid future legal conflicts.
A plaintiff has the prerogative to choose parties in a suit and cannot be compelled to include a party against whom no relief is sought.
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....
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.
The court emphasized the necessity of allowing parties with substantial interest to join ongoing litigation to ensure effective adjudication and avoid multiplicity of proceedings.
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