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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Bibekananda Mahar – Appellant
Versus
Dipti Ranjan Gartia – Respondent
| Table of Content |
|---|
| 1. nature of the partition suit and claims (Para 1 , 2) |
| 2. validity of the intervenor's claim (Para 3 , 4) |
| 3. arguments on necessity of included parties (Para 6 , 7 , 9) |
| 4. court ruling and directive for trial (Para 8 , 10) |
JUDGMENT :
SASHIKANTA MISHRA, J.
1. The Petitioner is the plaintiff in C.S. No.12/2013 of the Court of learned Civil Judge (Sr. Divn.), Athmallik, who questions the correctness of order dated 03.1.2024 passed by the said Court in allowing an application under Order 1 Rule 10 of C.P.C. to add a party not originally impleaded.
2. Briefly stated, the suit is one filed by the plaintiff for partition of the Schedule-A properties besides declaration of certain sale deeds as void and declaration of title in respect of B Schedule property along with permanent injunction and recovery of possession etc. Most of the defendants entered appearance and some of them filed their written statements. The present Opposite Party No.1, who was not a party to the suit appeared and filed an application for his impletion as a party under Order 1 Rule 10 of C.P.C. It was claimed that he is the grandson of late Malati Mahar, recorded tenant of the land in question on the strengt
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.
Impleadment of Intervenor – Major daughter of plaintiff is a necessary party in a suit for partition of ancestral property.
Impleadment of a person with vested rights in ancestral property as a necessary party under Order 1 Rule 10 CPC.
A plaintiff cannot be compelled to implead a party against whom they do not claim relief, preserving scope and intent of the original partition suit.
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 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 inclusion of all necessary parties in a partition suit is critical for effective adjudication, recognizing the rights of female heirs under the Hindu Succession Act.
A plaintiff in a civil suit is the dominus litis and cannot be compelled to implead parties against their will unless their involvement is necessary for just adjudication.
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