SATYEN VAIDYA
Dharam Singh Kapoor – Appellant
Versus
Hira Chand – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioners have assailed the order dated 23.06.2023 passed by learned Civil Judge, Manali, District Kullu, H.P. in Civil Suit No. 59 of 2018 titled Hira Chand and others vs. Om Prakash and others, whereby the application of the petitioners herein for impleadment as party defendants under Order 1 Rule 10 of the Code of Civil Procedure has been dismissed.
2. Plaintiffs (respondents No. 1 to 3 herein) have filed Civil Suit No. 59 of 2018 before the learned Civil Judge, Manali, District Kullu, H.P. for the following relief:-
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 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....
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.
The court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
The presence of a party whose presence is necessary to determine the real issue in controversy should be permitted in a civil suit. A suit for injunction can include parties whose presence would enab....
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 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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.