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SUNIL DUTTA MISHRA
Shakuntala Devi – Appellant
Versus
Maya Devi – Respondent
ORDER
Heard learned counsel for the parties.
2. This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dated 17.07.2018 passed by learned Sub-Judge-IV, Jamui in Title Suit No. 219 of 2014 whereby the learned Court below allowed the impleadment Application for the impleadment of Respondent Nos. 10 and 11 as defendants in the instant suit.
3. Learned counsel for the petitioners submits that the respondent nos. 10 and 11 have filed a petition dated 24.11.2017 under Order 1 Rule 10(2) and under Section 151 CPC for their impleadment as necessary party in Title Suit No. 219 of 2014 on the ground that part of land in dispute refers boundary of the lands of intervenor which they, being ex-military personnel got through settlement from the Government and as such they are necessary parties in the suit. The petitioners, who are plaintiffs/petitioners objected the said claim stating that they are not the necessary parties in the suit but the said application was allowed by the learned Court below without hearing the learned counsel for the petitioners. He has further submitted that the learned Court below without assigning any reason a
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....
The court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
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.
Implead of party - Suit for permanent injunction against the Government and when admittedly the property belongs to the Government the presence of the petitioner who claims to have purchased the said....
The main legal point established in the judgment is the application of Order 1 Rule 10(2) C.P.C. and the principles regarding impleadment of parties as laid down by the Hon'ble Apex Court in the case....
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