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R. N. MANJULA
L. H. Krishnan – Appellant
Versus
Singu R. Mangaleshkar – Respondent
JUDGMENT
(Prayer: Application filed under Order XIV Rule 8 of O.S. Rules read with Order 1 Rule 10(2) of CPC read with 151 CPC, praying to implead the applicants as necessary parties and arraigned as defendants 7 to 14 in C.S.No.390 of 2020.)
1. This Application has been filed seeking to implead the applicants are necessary parties and arraigned as defendants 7 to 14 in C.S.No.390 of 2020.
2.The averments of the plaint in brief: The applicants are the proposed defendants. The 1st respondent/plaintiff has filed a suit for partition of the suit properties left by his mother late Padmavathy. ''A'' Schedule property was the self acquired property of the said Padmavathy and Schedule ''B'' , ''C'' and ''D'' properties were inherited from her ancestors. The plaintiff has claimed 1/2 share out of her share inherited from her mother in respect of ''B'' , ''C'' and ''D'' Schedule Properties; the applicants/ proposed defendants are also entitled to their respective shares in ''B'' , ''C'' and ''D'' Schedule Properties. The said properties were the subject matter of C.S.No.522 of 1992, OSA.Nos.147 and 148 of 2002. The final decree has been passed on 06.12.2017 in CS.No.522 of 1992 based on the Me
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....
A necessary party with a direct interest in property may be added to ensure effective adjudication, according to Order 1 Rule 10 of the CPC.
The court allows the impleadment of parties in partition suits when they provide sufficient evidence of ownership despite prior non-production of documents.
A party seeking impleadment must demonstrate a fair semblance of title or interest over the property in question, and failure to seek final decree proceedings in a partition suit may impact the claim....
Necessary parties must be included in legal proceedings; amendments to pleadings allowed to ensure fair adjudication.
The main legal principle established is that the Court has the discretion to add parties to a suit, with or without application, in order to effectively adjudicate and settle all the questions involv....
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