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2022 Supreme(J&K) 463
JAMMU AND KASHMIR HIGH COURT
Rahul Bharti, J.
Naresh Kumar & Ors. – Appellants
Versus
Bishan Dutt & Ors. – Respondents
OW 104 No. 62 of 2016
Decided On : 14-12-2022
Basit Manzoor Keng, Advocate
The impleadment of parties should aim to avoid multiplicity of litigation and ensure a complete adjudication of the dispute.
Headnote:
Article 227 - Examination of legality of an order - Civil Procedure Code, 1908 - Order 1 Rule 10 - Land dispute - Impleadment of Health Department and Chief Medical Officer - Suit for possession - Impleadment allowed based on land utilization and construction of Allopathic Dispensary - No improper exercise of jurisdiction
Fact of the Case:
The petition seeks to challenge the impleadment of Health Department and Chief Medical Officer as party defendants in a civil suit for possession of land. The original plaintiff sought a declaration that a previous decree and judgment were null and void, and requested possession of the land from the State of Jammu and Kashmir.
Finding of the Court:
The Court found that the impleadment of the Health Department and Chief Medical Officer was based on the utilization of the land for an Allopathic Dispensary and the construction of a building, and that the impleadment was not an improper exercise of jurisdiction.
Issues: The main issue was the legality of impleading the Health Department and Chief Medical Officer as party defendants in the civil suit.
Ratio Decidendi: The Court held that the addition of parties aims to avoid multiplicity of litigation and that the impleadment was proper for a complete adjudication of the land dispute.
Final Decision: The petition to challenge the impleadment was dismissed, and the judgment was sent to the Court of Principal District Judge for placement on the civil suit file.
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 deceased), now being represented by the respondent nos. 1 to 6, sought a declaration to the effect that the decree and judgment dated 21.09.2011 passed by the Court of Principal District Judge, Samba in a civil suit filed by the deceased-defendant no. 1 namely Om Parkash against the defendant no. 2 i.e. State of Jammu and Kashmir through Commissioner/Secretary, Education Department Jammu with respect to land measuring one kanal six marlas and six sarsai bearing khasra no. 526 situated in village Tarore, tehsil and district Samba as null and void and not binding upon said Kartar Chand, as said Kartar Chand-the plaintiff and Om Parkash, the defendant no. 1, being the joint owners of the land in khewat no. 29, khata no. 199 and khasra no. 526 were entitled to the possession of the said suit land from the Education Department of the Government of Jammu and Kashmir and consequentially asking for a direction to the State of Jammu and Kashmir to handover the possession of the vacant land to the original plaintiff-Kartar Chand and the original defendant no. 1- Om Parkash.
3. Before proceeding further the fact needs to be put on record that the original defendant no. 1-Om Parkash in his own name had filed a civil suit on file no. 5/COS on 24.04.1992 before the Court of Principal District Judge, Samba for seeking decree for possession qua said one kanal seven marlas, four sarsai in khasra no. 526 situated at village Tarore, Samba which came to be decreed vide judgment dated 21.09.2011.
4. During the pendency of the civil suit filed by the original plaintiff-Kartar Chand against the original defendant no. 1 - Om Parkash and the State of Jammu and Kashmir through Education Department, the original defendant no. 1-Om Parkash came to demise whereupon his legal representatives, who are the petitioners herein, came to be impleaded as party defendants in the suit and it is they who came to submit their written statement representing their predecessor in interest-Om Parkash as defendant no. 1 in the suit. This written statement was filed by them in July 2014.
5. On 20.05.2013 an application purportedly came to be filed on behalf of the Chief Medical Officer, Health and Family Welfare, Samba seeking impleadment of the Health Department through Commissioner/Secretary, Civil Secretariat Jammu/Kashmir and also the Chief Medical Officer, Samba as party defendants in the suit. The plea for impleadment as party defendants in the suit was premised on the fact that suit land was in occupation of the Health Department which had replaced the Education Department and with respect to the suit land's utilization, Government sanctioned Allopathic Dispensary for which purpose even an amount of Rs. 65 lacs had been spent on the construction of building thereat. Thus, on this purported basi
