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ARCHANA PURI
Manu Sharma – Appellant
Versus
Deepak – Respondent
JUDGMENT :
Archana Puri, J.
1. Challenge in the present revision petition is to the order dated 03.08.2019 passed by learned Court below, whereby, an application under Order 1 Rule 10 CPC, filed by the petitioner has been dismissed.
2. The material facts, as culled out from the paperbook are that, initially, contesting respondents No.1 and 2, namely Deepak and Parmod, sons of Shyam Lal had filed a suit on 30.03.2017, against their parents for declaration to the effect that suit property is Hindu Joint, ancestral and coparcenery property of the plaintiffs as well as defendants and they have birth right in the said property and also that defendant No.1 (their father) had got passed wrong decree in favour of defendant No.2, with regard to the land measuring 67 Kanals 19 Marlas and also challenged the mutation, based on the same, to be illegal, null and void. Besides the same, respondents No.1 and 2 (who were plaintiffs before the Court below) had also challenged the sale deeds dated 12.05.1999 and 06.05.2008, got executed in favour of defendant No.3, 4 and 5, respectively, without any valid sale consideration.
3. During the pendency of the said suit, petitioner Manu Sharma, filed an appli
The main legal point established in the judgment is the importance of preventing multiplicity of proceedings and ensuring the effective adjudication of all questions involved in a suit by allowing th....
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 central legal point established in the judgment is the application of Section 52 of the Transfer of Property Act, which renders any transfer of property during the pendency of a suit void. The co....
The court emphasized the importance of evaluating the necessity of a party's presence in a pending lis and the non-condonability of delay in seeking impleadment.
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