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MANJARI NEHRU KAUL
Mandir Satnarayan, Village Toda – Appellant
Versus
Jasbir Singh – Respondent
JUDGMENT
Manjari Nehru Kaul J. (Oral) - Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside the impugned order dated 23.05.2022 (Annexure P-4), passed by the Civil Judge (Senior Division), Panchkula, vide which an application moved by the petitioner-mandir under Order 1 Rule 10 for being impleaded as a party to the suit in question, was dismissed.
2. Learned counsel for the petitioner submits that the impugned order is contrary to the settled principles of law and has been passed without appreciating the facts of the case in their right perspective. He submits that the trial Court ignored the fact that the petitioner is a necessary party for the just and effective adjudication of the suit in question, which had been instituted by respondent No.1-plaintiff.
3. Learned counsel argued that petitioner-Mandir abuts the road leading to village Toda from village Kakrali. In between the Mandir and said road, neither is there any shamlat land nor abadi land of village Toda. Thus, respondent No.1-plaintiff has illegally encroached upon the land belonging to the Public Works Department (hereinafter referred to as 'PWD') by placing his 'Khoka'
The absence of a party would only justify impleadment if it hinders the effective adjudication of the dispute, and the party seeking impleadment must be directly involved in the relief sought in the ....
A necessary party must be joined in a suit to ensure effective adjudication, as per Order 1 Rule 10 of the CPC.
Impleadment as part defendant in suit – Legal claim of petitioner cannot be defeated merely on the ground of delay or advance stage of proceeding of suit.
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
Necessary parties with potential rights must be impleaded in injunction suits to ensure comprehensive adjudication.
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