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MALASRI NANDI
Ronmi Bora D/o Late Ratul Bora – Appellant
Versus
Inclits Core Ventures Pvt. Ltd. – Respondent
JUDGMENT :
MALASRI NANDI, J.
1. Heard Mr. D. Choudhury, learned counsel for the petitioner and Mr. G. Pathak, learned counsel for the respondents.
2. This is an application under Article 227 of the Constitution of India, filed by the petitioner against the impugned order dated 23.02.2022, passed by the learned Civil Judge No. 2, Kamrup(M), Guwahati in Misc. (J) Case No. 367 of 2021, arising out of Title Suit No. 200/2021.
3. The brief facts of the case is that the petitioner is the daughter of Late Ratul Bora and Mrs Minati Bora, respondent No. 2 herein, in this case. The father of the petitioner, i.e. Ratul Bora was the absolute owner of a plot of land measuring 2 kathas 10 lechas covered by Dag No. 764 of KP Patta No. 507 of Revenue Village Sahar Guwahat Part VII, under Mouza Ulubari in the district of Kamrup (Metro). Ratul Bora expired on 17.04.2013 and after his expiry, the petitioner, her mother Minati Bora, and her brother, Rupam Bora became the absolute owners of the said property. It is pertinent to state herein that the petitioner is staying in Bangalore since 2018 in connection with her job and used to visit Guwahati occasionally.
4. After expiry of Ratul Bora, the respondent
The main legal point established in the judgment is that a third party or a stranger to the contract cannot be added to convert the character of one suit into a different character, and the plaintiff....
An applicant seeking impleadment must demonstrate a direct legal interest and right to relief concerning the controversy in a suit; absence of such a link renders the request for impleadment invalid.
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....
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