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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Srikanta Kishor Bal – Appellant
Versus
Rabindranath Samal – Respondent
| Table of Content |
|---|
| 1. impleading necessary parties for effective relief. (Para 4) |
| 2. objection to impleading not sufficient argument. (Para 5 , 6) |
| 3. proper parties may affect adjudication. (Para 7) |
| 4. order to implead and expedite proceedings. (Para 8 , 9 , 10) |
ORDER :
K.R.MOHAPATRA, J.
4. 1. This matter is taken up through hybrid mode.
2. Order dated 19th January, 2024 (Annexure-1) passed in C.S. No.16 of 2015 is under challenge in this CMP, whereby learned Civil Judge, Chandikhole rejected an application filed by the Plaintiffs-Petitioners to implead Narayan Chandra Bal, Swarnalata Behura and Kanchanlata Jena as Defendant Nos.2 to 4 to the suit.
3. Ms. Mishra, learned counsel submits that the suit has been filed by the Plaintiffs-Petitioners for permanent injunction. The suit land was jointly purchased by the father of the Plaintiffs and father of the vendor of Defendant-Opposite Party, namely, Guru Charan Bal. However, the consolidation ROR was prepared exclusively in the name of said Guru Charan Bal, for which an application under Section 37 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 is pending before the Commissioner. Since the Defendant
In a suit for permanent injunction, parties may be impleaded if their presence is essential for complete adjudication, even if the suit does not directly resolve their rights.
Third parties can be impleaded in injunction suits where their involvement is necessary for complete adjudication, helping avoid future legal conflicts.
In a suit for permanent injunction, parties can only be added if they are necessary for adjudication; plaintiffs hold the discretion to determine who is included without compulsion to add parties not....
The main legal point established in the judgment is the application of Order 1 Rule 10(2) C.P.C. and the principles regarding impleadment of parties as laid down by the Hon'ble Apex Court in the case....
Necessary parties with potential rights must be impleaded in injunction suits to ensure comprehensive adjudication.
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.
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