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ARUN KUMAR JHA
Md. Ismail @ Md. Ismail Azad, son of Md. Ibrahim – Appellant
Versus
Md. Mozim – Respondent
JUDGMENT :
(Arun Kumar Jha, J.)
Heard learned senior counsel for the petitioner and the learned counsel for the respondent nos. 1 to 9.
2. The petitioner has filed the instant petition under Article 227 of the Constitution of India to set aside the order dated 08.09.2016 in Title Suit No. 64 of 2011 passed by learned Sub Judge-06, Araria whereby and whereunder the application filed by the petitioner under Order 1 Rule 10(2) of the Code of Civil Procedure (hereinafter “the Code”) has been rejected.
3. Learned senior counsel for the petitioner submits that the plaintiffs/respondents Ist set has filed the Title Suit No. 64 of 2011 for the following reliefs:
(b) Let it be decreed and declared that the ancestors of the plaintiffs and thereafter the plaintiffs are in possession over the suit land having valid right, title and interest thereon.
(c) Let it be decreed and declared that the schedule "B" of the suit land is the part and parcel of schedule "A" of the suit land and Schedule "B" of the suit land has been carved out, out of the schedule "A" of the suit land.
(d) L
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 court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
The court emphasized that a transfer pending litigation is not void but subservient to the ongoing suit, affirming judicial discretion to allow impleadment to protect bona fide purchasers' rights.
A court may exercise discretion to add necessary or proper parties in a suit for effective adjudication, distinguishing necessary parties (essential for decree) from proper parties (important for adj....
The court clarified the criteria for necessary parties under Order 1 Rule 10 of the Code of Civil Procedure, emphasizing that a party's independent claim does not warrant inclusion in a suit if it do....
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.
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.
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
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