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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Indira Choudhary Wd/o Late Hari Krishna Choudhary – Appellant
Versus
Abinash Prakash Choudhary S/o Late Bachhu Lal Chaurasia – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Niraj Kishore, learned counsel appearing for the petitioners and learned counsel appearing for the respondent No. 1, who is the contesting party, being the plaintiff in the suit.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.03.2024, passed by the learned Civil Judge (Sr. Div.)-IX, Ranchi, in O.S. No. 442 of 2014 [MCA No. 1001 of 2023], whereby, the application filed under Order-I, Rule 10(2) of the CPC by the defendant Nos. 1 to 6, 9, 11 and 12 has been rejected by the said court.
3. Mr. Niraj Kishore, learned counsel appearing for the petitioners submits that the Partition Suit No. 442 of 2014 was instituted for preparation of a preliminary decree for partition. He submits that the petitioners were the defendants in the said suit and the partition suit is between the brothers and sisters and one of the brother has instituted the said partition suit. He further submits that the plaintiff, who is the respondent No. 1 has made certain arrangement with one M/s J.B. Real Estate Developers and Contractors in the shape of development agreement and in view of that the petiti
A necessary party is one without whom no effective decree can be passed; a plaintiff has the discretion to choose parties in a suit.
A party not seeking relief cannot be compelled to add a stranger to the suit, affirming the plaintiff's discretion in litigation under the Code of Civil Procedure.
The court emphasized the importance of evaluating the necessity of a party's presence in a pending lis and the non-condonability of delay in seeking impleadment.
Impleadment of a person with vested rights in ancestral property as a necessary party under Order 1 Rule 10 CPC.
In proceedings for partition, parties with potential rights to the property are necessary for adjudication to ensure complete justice and fair representation.
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
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....
In eviction suits, only landlord and tenant are necessary parties, while co-owners do not have a right to join against the plaintiff's wishes, as it alters the nature of the lawsuit.
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