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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA JAIN
In the matter of Sitabai Naik (since deceased) – Appellant
Versus
Kannaiyalal Purshottamdas Shah – Respondent
JUDGMENT :
JITENDRA JAIN, J.
1. This application under order XXII Rule 10 read with Order I Rule 10 of the CPC, 1908 is made by the applicant-M/s. Yash Shree Realtors (for short “YSR”) praying for deletion of respondent nos.1 to 11 in the appeal and impleadment of the applicant as respondent no.1A in the appeal.
2. I have heard Mr. Vaishnav, learned counsel for the applicant and for respondent nos.1 to 11 (original plaintiffs) and Mr. Agrawal, learned counsel for the appellants (original defendants) in First Appeal No.2477 of 2011.
3. The parties are referred by their original status in the suit except the present applicant.
BRIEF FACTS :
4. The plaintiff nos.1 to 11 filed a suit before the City Civil Court, which was numbered as Suit No. 4617 of 1974, for possession of the suit property.
5. The suit was decreed in favour of the plaintiffs on 7 September 2011 and being aggrieved by the said order, the defendants have filed the appeal in this Court in the year 2011, in which the present application is taken out by the applicant-YSR.
6. When the suit was pending from the year 1974 till the year 2011, there were transfer of right, title and interest either by operation of law or by various re
No time limit for impleadment under Order XXII Rule 10 CPC on devolution of interest; delay condoned if bona fide with no prejudice; distinguishes from abatement on death; transferee pendente lite bo....
(1) Appeal – Locus Standi – A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies court that he falls within category of aggrieved persons.(2) Impleadment of transfe....
(1) Addition/deletion of parties in suit/appeal – Power to strike out or add a party to proceedings under Order I Rule 10 of CPC can be exercised by Court at any stage of proceeding.(2) Res Judicata ....
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
A pendente lite purchaser can be added as a party to ongoing litigation to protect substantial interests, and such applications should typically be granted without prejudice.
A transferee pendente lite is entitled to be impleaded in specific performance suits to protect their interests, validating the need for comprehensive adjudication of rights over the property.
Unregistered agreements do not create any right in favor of the parties and may not be admissible in evidence.
The main legal point established in the judgment is the interpretation of Section 14 of the Limitation Act, 1963, and the computation of the delay period in filing the chamber appeal.
In specific performance actions, a power of attorney holder does not automatically constitute a necessary party unless there is evidence of property interest; late amendments are permissible only wit....
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