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ARUN KUMAR JHA
Md. Atif Ansar – Appellant
Versus
Rehan Mohammad Tarique – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioner and learned counsel for the respondents 1st set on the point of admission and I intend to dispose of this petition at this stage itself.
2. The present petition has been filed under Article 227 of the Constitution of India for quashing the order dated 09.01.2023 passed by learned Sub Judge-VI, Ara in Title Suit No. 12 of 2007 whereby and whereunder the prayer made by the petitioner under Order 1, Rule 10 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) for addition of further name of defendants, who have purchased the land sold by the defendants during the pendency of the title suit, has been rejected.
3. The learned counsel for the petitioner submits that the petitioner is plaintiff before the learned trial court and has filed the suit for partition against the defendants/respondents claiming share in the property of the family. During pendency of the suit, the plaintiff filed a petition for restraining the defendants from making any sale in favour of third party and the application was disposed of vide order dated 30.03.2010 by the learned trial court on the basis of undertaking of the defendants 1st
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.
The right to intervene in ongoing execution proceedings is denied if the petitioner has no established interest in the property and the rights of prior parties have been conclusively determined.
The court emphasized that a necessary or proper party can only be added if it is essential for effective adjudication and not against the wishes of the dominus litis principle.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
Purchasers of property in a partition suit may seek impleadment to assert equity; Section 52 of Transfer of Property Act permits their inclusion in ongoing litigation for effective adjudication.
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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