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SANDEEP N. BHATT
Rupinbhai Bharatbhai Divecha – Appellant
Versus
Legal Heirs Of Decd. Chandulal Gaurishankar Thakar – Respondent
ORDER :
1. The present petition is filed by being aggrieved and dissatisfied with the impugned order dated 11.11.2020 passed below Ex.21 in Regular Civil Suit No.411 of 2019, by which the trial Court has partly allowed the application filed by the respondent Nos.1.1 and 2.1, which is filed for impleadment of third party under the provisions of Order I Rule 10 of the Code of Civil Procedure, 1908.
2.1 Brief facts of the case are as such that the petitioner and others had instituted Regular Civil Suit No.411 of 2019 before learned Principal Senior Civil Judge, Una, for declaration to the effect that the part of the suit property, which is in dilapidated condition, may be permitted to be pulled down by the plaintiffs and that the defendants may be injuncted from causing any disturbance for the same. On 07.10.2019, the learned Judge has granted the application below Exh.5 moved in Regular Civil Suit No.411 of 2019 and directed that if the petitioner wants to pull down the construction, the defendants shall not cause any obstruction for the same.
2.2 It is further the case of the petition in the present petition that the respondent Nos.1.1 and 2.1 filed an application below Exh.18 under
The main legal point established in the judgment is the interpretation and application of Order I Rule 10 of the Code of Civil Procedure, 1908 in determining the necessity of adding parties to the su....
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
The court upheld the trial court's decision to deny the petitioners' application to join the suit, emphasizing the necessity of parties and the principle of dominus litis in civil proceedings.
Object of Order 1 Rule 10 CPC is that person whose presence is necessary before Court, is made a necessary party to effectually adjudicate upon rights of parties and settle all questions involved in ....
The main legal point established in the judgment is that the discretionary power to add parties under Order 1 Rule 10 of the Code of Civil Procedure should be exercised to ensure the effective adjudi....
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....
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.
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