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BISWAROOP CHOWDHURY
Swapna Nandi – Appellant
Versus
Anita Pal – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.
1. The petitioner before this Court is a plaintiff in a Suit for partition and is aggrieved by the order dated 7th December 2021 passed by the Learned 3rd Civil Judge (Senior Division) at Howrah in Title Suit No. 532 of 2021. The Petitioner being aggrieved by the Order dated 7th December 2021 passed by the Learned Court below in impleading opposite Party no.14 in Title Suit No. 532 of 2021 has come up with the instant application under Article 227 of the Constitution of India.
2. The case of the opposite Party no-14 before the Learned Court below may be summed up thus.
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
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....
In proceedings for partition, parties with potential rights to the property are necessary for adjudication to ensure complete justice and fair representation.
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....
The court may compel the addition of necessary parties to a suit despite the plaintiff's choice, ensuring all interested parties can be adjudicated effectively.
A necessary party is one without whom no effective decree can be passed; a plaintiff has the discretion to choose parties in a suit.
The court has the discretion to add necessary or proper parties to a suit to effectively adjudicate the questions involved, and a person must be directly or legally interested in the action to be add....
A party not seeking relief cannot be compelled to add a stranger to the suit, affirming the plaintiff's discretion in litigation under the Code of Civil Procedure.
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