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SANJEEV PRAKASH SHARMA
Asha Gupta – Appellant
Versus
Nagar Nigam – Respondent
ORDER
1. The writ petition has been preferred against the order dated 04.08.2021 whereby the applicant-Pooja Gupta daughter of the petitioner No.l has been directed to be impleaded as a party in a suit preferred by the petitioners for permanent injunction.
2. Learned counsel for the petitioners submits that the application moved by the applicant-Pooja Gupta-respondent No.3 was wholly misconceived. She cannot be said to be necessary orproper party to the proceedings initiated by the petitioners by filing of a plaint as against the Nagar Nigam seeking permanent injunction to restrain the Nagar Nigam from taking possession or demolition of the suit property owned by the petitioners. Learned counsel has submitted that although the applicant had filed a separate suit for partition relating to the same properties, in the present case the petitioners-plaintiffs are only seeking relief as against the Nagar Nigam and the applicant-respondent No.3 is totally a stranger to the proceedings.
3. Learned counsel further submits that petitioners are the dominus litis to the suit and it is at their will and discretion to implead the person as a party. Learned counsel relies on the judgment passed by t
A party may be impleaded if their presence is necessary for effective adjudication, as established by the principles governing such applications.
The main legal point established in the judgment is the discretion of the court to add necessary parties for the complete adjudication of the suit, emphasizing the importance of settling all disputes....
A party can be impleaded if their presence is necessary for complete adjudication, affirming the plaintiff's authority in selecting parties to sue.
In a suit for permanent injunction, parties can only be added if they are necessary for adjudication; plaintiffs hold the discretion to determine who is included without compulsion to add parties not....
A party cannot be impleaded in an ongoing suit against the wishes of the plaintiff unless they are deemed a necessary or proper party under Order 1 Rule 10 CPC.
The main legal point established in the judgment is the application of Order 1 Rule 10(2) C.P.C. and the principles regarding impleadment of parties as laid down by the Hon'ble Apex Court in the case....
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