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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 And S/O Late Amanullah Hussain – Respondent
| Table of Content |
|---|
| 1. factual background of the eviction suit (Para 4 , 5 , 6 , 9) |
| 2. arguments regarding the impleadment of new defendants (Para 10 , 11 , 12 , 13) |
| 3. court's analysis on impleadment criteria (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. conclusion to set aside the trial court's order (Para 20 , 21 , 22) |
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. 30/2022, arising out of Title Suit No. 19/2011, by the Court of learned Civil Judge (Junior Division) No. 1, North Lakhimpur by which the prayer for impleadment of the new defendants, namely, Anowar Hussain and Monowar Hussain, and striking out of the names of original defendants in the aforesaid title suit was allowed.
4. The facts relevant for consideration of the instant civil revision petition, in brief, are that the predecessor
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....
Impleading purchasers as plaintiffs requires their consent; original plaintiffs cannot compel unwilling parties to pursue abandoned litigation.
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.
Point of Law : Presence of the transferee pendent lite is necessary for complete and effective adjudication of the suit and issues involved therein and the court below has exercised its discretion in....
The court emphasized the necessity of allowing parties with substantial interest to join ongoing litigation to ensure effective adjudication and avoid multiplicity of proceedings.
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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