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SUNIL DUTTA MISHRA
Manni Bibi @ Mani Bibi – Appellant
Versus
Mobina Khatoon – Respondent
Sunil Dutta Mishra, J. – Notice was issued to respondent Nos. 1 to 4, who are plaintiffs in the suit. Despite valid service of notice and sufficient opportunity given, no one appeared on behalf of the said respondents/plaintiffs.
2. Heard learned senior counsel for the petitioner.
3. This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India against the order dated 19.06.2018 passed by learned Sub Judge-V, Aurangabad in Partition Suit No. 26/2018 / (4/2018) whereby and whereunder petition filed by the petitioner under Order 1 Rule 10 (2) and Section 151 of C.P.C. seeking impleadment as defendant was rejected.
4. Plaintiffs / Respondent 1st set filed a partition suit bearing Partition Suit No. 26/2018 (4 / 2018) seeking relief to grant a preliminary decree with respect to 1/3rd share of plots of suit land and carved out separate takhta of the same to plaintiffs by appointing of survey knowing Pleader Commissioner and to declare right, title and interest of plaintiffs over the land given in Schedule-II of the plaint.
5. The case of the plaintiffs is that Abdul Nasib was Khatiyani Raiyat and ancestors of the plaintiffs and defendants. The genealogy
The main legal point established in the judgment is the discretion of the court to add necessary parties for the complete adjudication of the suit, emphasizing the importance of settling all disputes....
Impleadment as part defendant in suit – Legal claim of petitioner cannot be defeated merely on the ground of delay or advance stage of proceeding of suit.
The main legal point established is that the court has the discretion to add necessary parties for efficacious adjudication and to avoid multiplicity of suits, as provided under Order 1 Rule 10 (2) o....
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....
A party may be impleaded if their presence is necessary for effective adjudication, as established by the principles governing such applications.
Impleadment of a person with vested rights in ancestral property as a necessary party under Order 1 Rule 10 CPC.
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