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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Dasarath Prasad, S/O- Late Raghubir Prasad – Appellant
Versus
Nazrul Hussain S/O- Late Amanullah Hussain – Respondent
| Table of Content |
|---|
| 1. background of civil case and parties involved. (Para 3 , 4 , 5 , 6 , 9 , 10) |
| 2. arguments against impleadment of new plaintiffs. (Para 11 , 12 , 13 , 14) |
| 3. court's analysis on impleadment and consent. (Para 15 , 16 , 18 , 19 , 20) |
| 4. ruling on the impropriety of the trial court's order. (Para 21) |
| 5. order to set aside and court's directive. (Para 22 , 23 , 24) |
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. S. K. Singh, learned senior counsel assisted by Mr. A. Ganguly, learned counsel for the petitioner.
2. None has appeared for the respondents in spite of due service of notice on them, hence, this matter was heard ex-parte against the respondents.
3. This Civil Revision Petition (IO) has been preferred by the petitioner, namely, Dasarath Prasad, impugning the order dated 27.09.2023, passed in Misc. (J) Case No. 28/2022, arising out of Title Suit No. 11/2010, by the Court of learned Civil Judge (Junior Division) No. 1, North Lakhimpur by which the prayer for impleadment of the new plaintiffs, namely, Anowar Hussain and Monowar Hussain in the aforesaid title suit was allowed.
4. The facts relevant for consideration of the instant civil revision petition, in brief, are tha
Impleading purchasers as plaintiffs requires their consent; original plaintiffs cannot compel unwilling parties to pursue abandoned litigation.
A trial court must respect the plaintiff's dominus litis status and cannot compel a plaintiff to pursue claims against new defendants without their consent, especially if a sale occurred during an im....
Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
(1) Impleadment of necessary party in suit/appeal – Court may at any stage of proceeding can or add or delete party to a suit if it feels presence of such party might be necessary – Any application f....
While considering a petition under Order I Rule 10(2) CPC for addition of party, court is to satisfy itself that person who is sought to be added as party ought to have been joined as a party.
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