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1977 Supreme(Ori) 4

High Court Of Orissa
S. Acharya, J.
PRAVAT KUMAR MISRA - Appellant
Versus
PRAFULLA CHANDRA MISRA - Respondent
Civil Revn.  130  Of  1976
Decided On : 02/02/1977

Advocates Appeared:
B.DAGARA, M.Patra, P.K.Misra, R.C.PATNAIK, S.BISWANATH

The court has the discretion to set aside an order for impleading a party-defendant and to direct the expeditious disposal of related suits to prevent the conversion of a simple suit into a complex title suit.

Headnote:

Revision - Recovery of Rent and Eviction - Impleading of Party-Defendant - Title Suit No. 10 of 1974 - Title Suit No. 16 of 1974 - Decision to set aside the order impleading opposite party No. 2 as defendant No. 2 in Title Suit No. 10 of 1974 and directing expeditious disposal of Title Suit No. 16 of 1974.

Fact of the Case:

The petitioner filed a suit for recovery of arrears of rent and eviction of the defendant from the suit house. Opposite party No. 1 did not contest the suit, and opposite party No. 2 filed a petition to be impleaded as a party-defendant, claiming title to the suit house.

Finding of the Court:

The court set aside the order to implead opposite party No. 2 as defendant No. 2 in Title Suit No. 10 of 1974 and directed the expeditious disposal of Title Suit No. 16 of 1974, in which the petitioner was also a party.

Issues: Impleading of opposite party No. 2 as a party-defendant, conversion of simple rent recovery and eviction suit into a complex title suit, and the impact of the decision on the rights of opposite party No. 2.

Ratio Decidendi: The court considered the potential conversion of the simple suit into a complex title suit and the impact on the rights of opposite party No. 2, leading to the decision to set aside the order for impleading and to direct the expeditious disposal of the related title suit.

Final Decision: The Civil Revision was allowed, and no costs were imposed.

S. ACHARYA, J.

( 1 ) THIS Revision arises out of Title Suit No. 10 of 1974 instituted by the petitioner for recovery of arrear of rent from and for the eviction of opposite party No. 1 in this revision from the suit house. The defendant in this suit, opposite party No. 1 herein, did not appear and contest the suit. At that stage opposite party No. 2 in this revision filed a petition in the trial Court for impleading him as a party-defendant in the said suit. He claims to be impleaded as a "party-defendant in the suit (T. S. No. 10 of 1974) on the ground that he has title to the suit house and the plaintiff has no title to that property. Opposite party No. 2 has filed another suit (Title Suit No. 16 of 1974) in the same court claiming title to the same suit house. The suit by the petitioner is for recovery of rent and eviction of defendant No. 1 from the suit house on the allegation that defendant No. 1 was inducted as a tenant in that house by petitioner. If opposite party No. 2 is allowed to be impleaded and to contest this suit, then the plaintiff's simple suit for recovery of rent from and eviction of his alleged tenant will be converted mainly into a complex title suit between the plaintiff and opposite party No. 2, and the relief asked for in the original suit will pale into secondary importance. Apart from that consideration, opposite party no. 2 has himself filed a title suit (Title Suit No. 16 of 1974) in the same court claiming title to the suit house. The petitioner herein is a party in that suit. If opposite party No. 2 is not impleaded in Title Suit No. 10 of 1974 the decision in this suit will not in any manner bind or affect the right, title or interest of opposite party No. 2 in the suit house. Mr. Misra, the learned counsel for the petitioner, also states that in case the plaintiff gets a decree in Title Suit No. 10 of 1974, he will not, in any manner, disturb the possession of opposite party no. 2 in the suit house, if he really is in possession of the same. Even without the said concession also, opposite party No. 2 will not in any way be bound and/or affected by the decree in Title Suit No. 10 of 1974 if he is not made a party in the said suit, and no relief is claimed against him in that suit. The plaintiffs rights in Title Suit No. 16 of 1974 have to be decided without in any manner being prejudiced or influenced by the decision in Title Suit No. 10 of 1974.

( 2 ) ON the above considerations, T set aside the order passed by the court below impleading opposite party No. 2 as defendant No. 2 in Title Suit No. 10 of 1974.

( 3 ) IN view of the admitted fact that opposite party No. 2 has filed Title Suit No. 16 of 1974 in the same court, that court is directed to dispose of the said suit in a very expeditious manner. It is also said by the counsel appearing for both the parties that with regard to a matter arising out of Title Suit No. 16 of 1974 Civil revision No. 457 of 1975 is pending in this Court for admission and hearing. That Civil Revision, if otherwise ready, be put up for admission and hearing as soon as possible. This Civil Revision is accordingly allowed. No costs.

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