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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Susanta Kumar Sethy – Appellant
Versus
Suresh Kumar Pattanaik – Respondent
| Table of Content |
|---|
| 1. modification of interim order application (Para 2 , 4) |
| 2. arguments regarding impleading a party (Para 5 , 6) |
| 3. court's analysis on plaintiff and opposing parties (Para 7 , 8) |
| 4. scope expansion concerns on impleading (Para 9) |
| 5. final conclusion and order (Para 10 , 11) |
JUDGMENT
1. This matter is taken up through hybrid mode.
3. In course of hearing of the interim application, learned counsel for both the parties have agreed for final disposal of the writ petition. Hence, the CMP is taken up for final disposal.
5. Mr. Bhuyan, learned counsel for the Petitioner submits that C.S. No.169 of 2022 has been filed for partition of the suit property allotting 1/12th share to each of the parties to the suit. In the plaint, it is stated that the Plaintiff and Defendants have jointly purchased the suit property vide registered sale deed No. 1347 dated 5th August, 2022 and R.O.R. has already been published in their name jointly. Thus, they seek for partition of the suit property. At the fag end of the suit, an application was filed under Order 1 Rule 10 C.P.C. by the Opposite Party No.1 to be impleaded as a party to the suit stating that his mother had purchased the suit property
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.
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.
Unregistered agreements do not create any right in favor of the parties and may not be admissible in evidence.
A transferee pendente lite is entitled to be impleaded in a suit to protect their interest, and the trial court erred in dismissing the application for impleadment.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
The court ruled that transferees pendente lite are necessary parties in a partition suit for effective adjudication, subject to the outcome of the suit.
The main legal point established in the judgment is that unregistered agreements to sell do not confer ownership rights in immovable property, and the validity of such agreements is determined by the....
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