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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
GANGA PRASAD JHAWAR – Appellant
Versus
PRABHAT JHAWAR – Respondent
| Table of Content |
|---|
| 1. application under article 227 and order 1 rule 10(2) rejected. (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against the addition of a necessary party. (Para 5 , 6) |
| 3. court's analysis on necessary parties and eviction suits. (Para 7 , 12 , 13 , 14 , 15 , 16 , 17 , 19 , 20 , 22 , 23) |
| 4. ratio on necessary parties in eviction suits. (Para 18 , 21 , 24 , 26 , 27 , 28) |
| 5. conclusion: application for addition rejected; order stands. (Para 25 , 30 , 31) |
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of an applicant under Order 1 Rule 10(2) of the Code of Civil Procedure and is directed against an order being no. 25 dated June 23, 2025 passed by the learned Chief Judge, City Civil Court at Calcutta in Ejectment Suit no. 6 of 2022.
2. By the order impugned, the application under Order 1 Rule 10(2) of the Code of Civil Procedure stood rejected.
3. The opposite party no. 1 filed a suit for eviction and for recovery of Khas possession against the opposite party no. 2 herein. In the said suit the petitioner filed an application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure pra
In eviction suits, only landlord and tenant are necessary parties, while co-owners do not have a right to join against the plaintiff's wishes, as it alters the nature of the lawsuit.
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....
In eviction proceedings, the question of title is irrelevant; only the landlord-tenant relationship and grounds for eviction matter.
The main legal point established in the judgment is the importance of adding necessary and proper parties to ensure the complete determination of the matter in dispute and to prevent multiplicity of ....
The main legal point established in the judgment is that the court is empowered to permit the landlord/owner to be impleaded as a proper party in a suit filed by the occupier/tenant/licensee seeking ....
The court established that a party can be added to a suit if their presence is necessary for complete and effective adjudication of the issues involved.
The court ruled that only necessary parties may be added to a suit, and the principle of dominus litis limits parties to those without whom effective adjudication cannot occur.
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