Back
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 :
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.
3. The plaintiff filed objection stating that Malati had earlier filed a suit being T.S. No.3/1989 against the father of the plaintiff and Defendant No.1 and predecessor-in-interest of other defendants claiming her share in the joint family property. The suit was compromised and final decree was drawn up on 26.11.1990 allotting Schedule B property of that suit in her favour. As such, the property no longer remained ancestral or joint. The intervenor is bound by the compromise and he has already mutated the property received under the compromise. The intervenor therefore, has no right over the suit property.
5. Heard Mr. B.P.B. Bahali, learned counsel for
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.
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
