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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
H. Nagarajappa Since Dead By His Lr's Sri B.N. Girish, S/o. Late H. Nagarajappa – Appellant
Versus
H.S. Manjunath, S/o. Late H. Srikantaiah – Respondent
ORDER :
(M. NAGAPRASANNA, J.)
The petitioner/plaintiff No.1(a) is before this Court calling question an order dated 22-01-2025 passed by the XIV Additional City Civil and Sessions Judge, Bengaluru on I.A.No.25 in O.S.No.3277 of 2013 rejecting the application filed by the petitioner seeking deletion of defendant No.38 from the array of defendants.
2. Heard Sri K. N. Nitish, learned counsel appearing for the petitioners.
3. Facts, in brief, germane are as follows: -
The plaintiffs institute a suit in O.S.No.3277 of 2013 seeking declaration that the decree passed in O.S.No.5801 of 2000 dated 01-02-2002 as illegal and void and seeks cancellation of the same. The issue in the lis is not with regard to merit of the claim of the plaintiffs. In the proceedings, an application under Order 1 Rule 10 of the CPC seeking impleadment of defendant No.38 into the array of defendants was filed. The said application comes to be allowed on consent of plaintiffs themselves. After allowing of the said application, the plaintiffs again file an application in I.A.No.25 seeking deletion of defendant No.38 from the array of parties. This application comes to be rejected. It is this order that has driven the pet
A defendant who has been added to a suit cannot be removed once their rights in the matter are established, as their participation is necessary for relevant adjudication.
The court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
A transferee pendente lite is entitled to be impleaded in a suit to protect their interest, and the trial court erred in dismissing the application for impleadment.
A party can be impleaded if their presence is necessary for complete adjudication, affirming the plaintiff's authority in selecting parties to sue.
A party cannot be impleaded in an ongoing suit against the wishes of the plaintiff unless they are deemed a necessary or proper party under Order 1 Rule 10 CPC.
Presence of parties in litigation requires a demonstrated direct interest in the subject matter as per Order 1 Rule 10(2) of CPC.
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
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