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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Rakesh Mohan Pandey, J
Yovel Kumar S/o Thiyofil Wani – Appellant
Versus
Anand Kumari (Died) Through Lrs – Respondent
Order :
(Rakesh Mohan Pandey, J.)
1. The plaintiffs/petitioners/appellants before the learned Court below have filed this petition challenging the order dated 28.08.2019 passed in Civil Appeal No. 60A/2018 by the First Additional District Judge, Balodabazar, whereby an application moved under Order 1 Rule 10 of CPC was rejected and in the application moved under Order 22 Rule 4 of CPC, time was granted to the petitioners to explain reasons for the inordinate delay.
2. The facts of the present case are that the plaintiffs filed a Civil Suit for declaration of title, permanent injunction and further declaration that the sale-deed dated 16.01.1963 is null and void. The Civil Suit was filed on 29.04.2014. The sale-deed was executed in favour of Anand Masiha and Smt. Anand Kumari, but only Smt. Anand Kumari was impleaded as a defendant. Anand Masiha died in 2008, but his legal heirs were not impleaded as the defendants in that suit. The Civil Suit was dismissed vide judgment and decree dated 17.07.2018.
3. The plaintiffs preferred a regular appeal before the learned First Appellate Court and a summons was issued to the respondents/defendants. As per the report received from the office of th
Non-joinder of necessary parties is a fatal defect that cannot be rectified at the appellate stage, as established by precedent.
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
The court affirmed that a suit for declaration does not necessitate all co-owners as parties if their interests don't impede the plaintiff's claims.
The main legal point established is that the appellate court has the discretion to permit the joinder of necessary parties at the appellate stage, as provided under Order I Rule 10(2) of the Code of ....
The main legal point established is that parties with the same interest in the subject matter are necessary parties and can be joined in the same litigation.
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.
Non-joinder of a necessary party is a ground to reverse or vary a decree in appeal, and the court may order a remand to afford an opportunity to implead the necessary party.
A partition suit is non-maintainable if necessary parties, such as co-sharers, are not included, as effective decrees cannot be passed without their presence.
The main legal point established in the judgment is the importance of joining necessary parties for a complete and final decision on the matter in dispute, as well as the discretion of the court to o....
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