Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Panchu Nonia, son of Late Hari Nonia – Appellant
Versus
Gautam Sinha – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Amit Kr. Das, learned counsel appearing for the petitioner, Mr. Shashank Shekhar, learned counsel appearing for the opposite party Nos.1 and 2 and Mr. Saibal Kr. Laik, learned counsel appearing for the opposite party No.3.
2. Mr. Laik, learned counsel appearing for the opposite party No.3 submits that the opposite party No.3 herein is defendant No.3 in the said suit.
3. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 08.04.2024 passed by learned Civil Judge (Senior Division)-IX, Dhanbad in Original Suit No.365 of 2022 whereby the learned Court has been pleased to allow the application dated 04.03.2024 filed by the plaintiff in Civil Miscellaneous Application No.114 of 2024 under Order I Rule 10(2) read with Section 151 of CIVIL PROCEDURE CODE filed in the said suit.
4. Mr. Das, learned counsel appearing for the petitioner submits that the original suit has been filed by the plaintiff who are the opposite parties herein for declaration of Sale Deed No.6702 dated 15.12.1995 for declaration of right, title and interest on the basis of the said sale deed and also for recovery of
The court emphasized judicial discretion under Order I Rule 10(2) to implead necessary parties, prioritizing justice over technicalities and avoiding nullity in proceedings.
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
A suit filed against a deceased person is a nullity, but if it involves multiple parties, it may not abate; procedural lapses can be corrected to serve substantial justice.
A decree against a deceased party is void; however, the legal heirs have the discretion to treat it as valid or challenge it, as reaffirmed by the court.
(1) Addition/deletion of parties in suit/appeal – Power to strike out or add a party to proceedings under Order I Rule 10 of CPC can be exercised by Court at any stage of proceeding.(2) Res Judicata ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
