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HARKESH MANUJA
Kaushalya Devi – Appellant
Versus
Pardeep Kumar Sachdeva – Respondent
JUDGMENT
Harkesh Manuja, J. - In the present revision petition, challenge has been made to an order dated 03.10.2011 passed by the learned Additional Civil Judge, Abohar, whereby an application filed under Order 1 Rule 10 CPC, at the instance of the petitioners-plaintiff, so as to implead one Nirmala Sachdeva as defendant No.2, has been dismissed.
2. Facts leading to the present case are that the petitioners-plaintiffs, claiming themselves to be successors of Piara Singh son of Prem Singh, filed a suit for possession as well as permanent injunction regarding Shop No.44 in Rani Jhansi Market, District Fazilka against respondentdefendant. The suit was filed on 02.01.2014 and the same was contested by respondent-defendant through written statement filed on 09.05.2014. Respondent-defendant disclosed in the written statement that his wife, namely, Nirmala Sachdeva was the owner in possession of the suit property.
3. While the evidence of the petitioners-plaintiffs was being recorded, an application was filed at their instance invoking Order 1 Rule 10 CPC for impleading Nirmala Sachdeva as defendant No.2. The aforesaid application was opposed by the respondent-defendant on the ground of del
The necessity of a party's presence for effective adjudication of a suit, despite some delay, and the need for a pragmatic approach to achieve substantial justice.
Impleading a party to decide the cause raised in the suit is essential when the party's claim is necessary to address the issues concerning possession of the property.
A plaintiff has the prerogative to choose parties in a suit and cannot be compelled to include a party against whom no relief is sought.
An application for impleadment under Order 1 Rule 10 CPC is barred by limitation if filed beyond three years of the execution of the relevant deed.
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