Back
PATNA HIGH COURT
Lakshmikanta Jha, J.
Chakori Mahton
Versus
Mahadeo Singh
Civil Revision No. 493 of 1951 ;
Decided On : FEBRUARY 14, 1952
Order 1, Rule 10 - Application for Addition of Parties - Court's Interpretation of Necessity of Presence of Parties
Fact of the Case:
The plaintiffs filed a suit for partition and the petitioners applied to be added as defendants under Order 1, Rule 10, Code of Civil Procedure. The application was rejected by the learned Subordinate Judge.
Finding of the Court:
The court found that the learned Subordinate Judge misdirected himself in rejecting the application, as the real question was whether the presence of the petitioners before the Court is necessary to enable the court to adjudicate and settle all the questions involved in the suit. The court vacated the order and remanded the case for disposal in accordance with law.
Issues: The main issue was the rejection of the application for addition of parties under Order 1, Rule 10, Code of Civil Procedure.
Ratio Decidendi: The court's decision was influenced by the interpretation of the necessity of the presence of parties in order to enable the court to effectively adjudicate and settle all the questions involved in the suit.
Final Decision: The court vacated the order rejecting the application and remanded the case for disposal in accordance with law, with no order as to costs.
Lakshmikanta Jha, J.
1. In this case, I am of the opinion that the order of the learned Subordinate Judge cannot stand.
2. The plaintiffs-opposite party instituted a suit for partition impleading opposite parties Nos. 3 to 37 as defendants. The petitioners made an application to be added as defendants under Order 1, Rule 10, Code of Civil Procedure. The learned Subordinate Judge rejected the application observing that
"If the plaintiffs do not want the applicants to be added as parties they cannot be forced upon them. The applicants interest, if any, will not be affected by any decision in this suit and it is not necessary to make them parties."
I, am of the opinion that the learned Subordinate Judge misdirected himself in rejecting the application. The real question for determination was whether the presence of the petitioners before the Court is necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The order must, therefore, be vacated and the case must go back for disposal in accordance with law. As there is no appearance for the opposite parties, there will be no order as to costs.
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
