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NUPUR BHATI
Rajesh S/o Late Shri Banshilal Pathak – Appellant
Versus
Abbas Ali S/o Fakrudin Bohra – Respondent
ORDER :
1. Though the matter has been listed in the fresh category, however, on the joint request of the parties, the matter is being heard today itself.
2. This writ petition has been filed under Article 226 and 227 of the Constitution Of India with the prayer to quash the impugned order dated 14.08.2023 (Annex.5) passed by the learned Additional District Judge No. 1 Bhilwara in Civil Suit No. 166/2022, whereby application preferred by third respondent under Order I Rule 10 CPC seeking her impleadment as party defendant in the suit has been allowed.
3. Brief facts of the case are that petitioners/plaintiffs filed a suit (Annex.1) against the respondent No. 1 and 2/defendants before the learned District Judge, Bhilwara, which was registered as original Civil Suit 166/2022. The relief against respondent No. 1 and 2 was sought qua plot Nos. 93 and 94 situated at Shastrinagar near Badla Chauraha, Bhilwara. In the suit, it was inter-alia alleged that the undivided suit property is jointly held by the partnership firm M/s Moti Metal Industries, of which initially partners were S/Sh. Biharilal Pathak, Motilal and Banshilal Pathak. It was further alleged that Sh. Banshilal Pathak died and th
The court affirmed that a necessary party is one whose presence is essential for the effective adjudication of a suit, and the trial court has the discretion to add such parties under Order I Rule 10....
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 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 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 emphasized that a necessary or proper party can only be added if it is essential for effective adjudication and not against the wishes of the dominus litis principle.
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