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CHANDRA KUMAR SONGARA
Bagichi Gulabdas Ji – Appellant
Versus
Ratan Lal – Respondent
ORDER
1. Instant writ petition under Article 227 of the Constitution of India has been filed on behalf of the petitioner - Nagar Parishad, Sikar through its Commissioner challenging the impugned order dated 15.01.2021 passed by the Court of Additional District Judge, No.2, Sikar, in Civil Suit No.777/2014, titled as Bagichi Gulabdasji Vs. Ratanlal & Others, whereby the application under Order 1 Rule 10 of C.P.C. filed by the petitioner, had been dismissed.
2. Facts of the present case, in brief, are that the plaintiff-respondent No.1 instituted a suit for cancellation of sale-deed and permanent injunction against the defendants-respondents No.2 to 11, herein (Annexure-1). The petitioner - Nagar Parishad, Sikar filed an application under Order 1 Rule 10 of C.P.C. for impleading it as defendant No.11 in the suit on 02.12.2020 (Annexure-3), which was rejected vide impugned order dated 15.01.2021 (Annexure-5) by the learned trial Court. Hence, this writ petition.
3. Learned counsel appearing for the petitioner- Nagar Parishad, Sikar has submitted that the learned trial Court has committed illegality in dismissing the application filed by the petitioner. Counsel has further submitted that
A necessary party must be joined in a suit to ensure effective adjudication, as per Order 1 Rule 10 of the CPC.
Impleadment as part defendant in suit – Legal claim of petitioner cannot be defeated merely on the ground of delay or advance stage of proceeding of suit.
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 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 established that under Order 1 Rule 10 of CPC, necessary parties must be added to ensure effective adjudication of disputes.
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