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RAHUL BHARTI
Naresh Kumar – Appellant
Versus
Bishan Dutt – Respondent
JUDGMENT
Rahul Bharti, J. - This is a petition for seeking exercise of supervisory jurisdiction of this Court under Article 227 of the Constitution of India and the subject matter of the jurisdiction is examination of legality of an order dated 22.5.2016 passed by the Court of Principal District Judge, Samba in terms whereof the Court of Principal District Judge, Samba has allowed the impleadment of Health Department through its Commissioner/Secretary, Civil Secretariat, J&K and the Chief Medical Officer, Samba as party defendants in a civil suit filed by Kartar Chand-the predecessor in interest of the respondent nos. 1 to 7 herein against Om Prakash- the predecessor in interest of the petitioners herein. Both the deceased-Kartar Chand and Om Parkash were real brothers. The suit instituted by said Kartar Chand as plaintiff against Om Parkash as defendant no. 1 and the State of Jammu and Kashmir through Commissioner/Secretary, Govt. Education Department, Jammu as other defendants is on file no. 195/Civil of the Court of Principal District Judge, Samba. The institution of the said suit is of 13.09.2012.
2. Through the medium of the said suit, Kartar Chand-the original plaintiff (now de
The impleadment of parties should aim to avoid multiplicity of litigation and ensure a complete adjudication of the dispute.
The court upheld the trial court's decision to deny the petitioners' application to join the suit, emphasizing the necessity of parties and the principle of dominus litis in civil proceedings.
Demarcation of the land - Semarcation of the land in question would in essence lessen the controversy involved in the case between the parties.
Point of law: Substitution of Tehsokdar by Assistant Commissioner demarcation - Justified - trial court while proceeding ahead with trail of case has directed Assistant Commissioner, Revenue, to effe....
The court established that under Order I Rule 10(2) of the C.P.C., a party can be impleaded if they demonstrate a prima facie interest in the property, and the trial court has the discretion to allow....
The transfer of suits under Article 227 of the Constitution may occur without identical parties if substantial overlap in the subject matter exists, as per Section 24 of the CPC.
The court may compel the addition of necessary parties to a suit despite the plaintiff's choice, ensuring all interested parties can be adjudicated effectively.
Petition under Article 226 of the Constitution is different from a petition under Article 227 - Mode of exercise of power by the High Court under these two articles is also different.
Point of Law : High Court in exercise of certiorari or supervisory jurisdiction will not covert itself into a Court of Appeal and indulge in re-appreciation or evaluation of evidence or correct error....
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