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SACHIN DATTA
Hakikat Raj Bajaj – Appellant
Versus
Rohit Bajaj – Respondent
JUDGMENT
Sachin Datta, J. (Oral)
I.A. No. 12990/2022 (for impleadment)
1. The present suit has been filed by the plaintiff seeking a decree of partition in respect of industrial property bearing No. B-26, admeasuring 602 sq. yds., situated at Rewari Line Industrial Area (popularly known as Mayapuri Industrial Area), Maya Puri, Phase-1, New Delhi (hereinafter referred to as the `suit property.).
2. The plaintiff is the son of late Gurbaksh Rai Bajaj and the defendant is the son of late Ramesh Kumar Bajaj, the grandson of late Gurbaksh Rai Bajaj. It is averred in the plaint that the suit property was initially allotted in the name of the plaintiff by the Delhi Development Authority (hereinafter referred to as `DDA.) vide perpetual lease deed dated 22.11.1971. The possession of the said property was also handed over to the plaintiff by the DDA. The construction over the said property was raised after getting the plan sanctioned from the competent authority. It is averred in the suit that the plaintiff executed a registered Gift Deed dated 18.10.1976 by virtue of which the plaintiff transferred 1/3rd share of the suit property in favour of his father Shri Gurbaksh Rai Bajaj and another
The main legal point established in the judgment is that a person seeking to be added as a party to a suit should have a direct interest in the subject-matter of the litigation, and the addition of p....
Unregistered agreements do not create any right in favor of the parties and may not be admissible in evidence.
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 emphasized the importance of evaluating the necessity of a party's presence in a pending lis and the non-condonability of delay in seeking impleadment.
The determination of necessary parties under Order I Rule 10(2) CPC relies on judicial discretion, emphasizing the dominus litis principle, as a plaintiff cannot be compelled to include parties again....
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