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AJAY MOHAN GOEL
Surinder Pal – Appellant
Versus
Joginder Singh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 09.09.2021, passed by the Court of learned Senior Civil Judge, Nadaun, District Hamirpur, H.P. in CMA Registration No.279 of 2021, in terms whereof, an application filed under Order 1, Rule 10 of the Civil Procedure Code by the respondent for impleading the present petitioner as defendant No.2 in the Civil Suit filed by the present respondent has been dismissed.
2. Brief facts necessary for the adjudication of the present petition are that the respondent/plaintiff (hereinafter to be referred as the ‘plaintiff’) filed a suit for declaration that he was owner in possession of the suit property and the mutation attested in favour of Surinder Pal on the basis of a Will executed on 19.05.2003 by late father of the parties was bad in law, as Will dated 19.05.2003 was not the last Will of their late father and the same was superseded by another Will of their late father which was executed on 03.04.2008. A perusal of the memo of parties, as it finds mentioned in the Civil Suit, demonstrates that Surinder Pal son of Shri Durga Singh, resident o
Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it, provided that nothing in this Section shall apply to non join....
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 the importance of the trial court's exercise of jurisdiction in accordance with Rule 10 of Order 1 of the Code of Civil Procedure when considering applications for impleadment.
The need to strictly adhere to the provisions of law in civil proceedings and the limited scope of exercising powers under Article 227 of the Constitution of India.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
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.
A transferee pendente lite is entitled to be impleaded in a suit to protect their interest, and the trial court erred in dismissing the application for impleadment.
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