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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Virender Kumar Dubey S/o Late Bhrigunath Dubey – Appellant
Versus
Dhrupdeo Mali S/o Adalat Manjhi – Respondent
| Table of Content |
|---|
| 1. facts of land ownership and claims. (Para 2) |
| 2. arguments regarding necessity of intervention. (Para 3 , 5 , 6) |
| 3. judicial observations on party necessity. (Para 9 , 12) |
| 4. legal reasoning on intervention criteria. (Para 13) |
| 5. final court ruling. (Para 15) |
JUDGMENT :
ARUN KUMAR JHA, J.
1. The instant civil miscellaneous petition has been filed by the petitioner for quashing the order dated 16.08.2022 passed in Title Suit No. 889 of 2017 by learned Sub Judge-XVI, Gopalganj, whereby and whereunder the petition dated 22.03.2022 filed under Order 1 Rule 10 and Section 151 of the Code of Civil Procedure (for brevity ‘the Code’) for adding the petitioner as a party defendant has been rejected.
2. Briefly stated, the facts leading to the present case are that the plaintiffs/respondents 1st set filed Title Suit No. 889 of 2017 on 17.10.2017 before the court of learned Sub Judge- XVI, Gopalganj seeking declaration that the suit land is the purchased land of the plaintiffs and had been coming into their peaceful possession till the time they were dispossessed by the defendants 1st set/respondents 2nd set who are tresspassers. The plaintiffs further sought recovery of possession
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....
Intervention application – Being masters of their lis, petitioners cannot be made to contest or fight against an opponent who, in eyes of plaintiffs, has no concern with suit land and has not been ca....
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.
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....
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....
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