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ARUN MONGA
Sumesh Anand – Appellant
Versus
Lalit Anand – Respondent
| Table of Content |
|---|
| 1. impleadment criteria for parties to suit (Para 1) |
| 2. arguments regarding ownership of the property (Para 2 , 4) |
| 3. judicial reasoning on necessity of parties (Para 3 , 5 , 6 , 7) |
| 4. rejection of revision petition (Para 8) |
| 5. disposal of pending applications (Para 9) |
JUDGMENT
Mr. Arun Monga, J. (Oral)
Petition herein is for setting aside order dated 12.11.2021 (Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Ludhiana whereby application under Order I Rule 10 of Code of Civil Procedure, 1908 (for short 'CPC') read with section 151 of CPC for impleadment of petitioner as party-defendant No.3,was dismissed.
2. I have heard learned counsel for petitioner and gone through the record.
3. Impugned order dated 12.11.2021 passed by learned Additional Civil Judge (Senior Division), Ludhiana is premised, inter alia, on the following reasoning:
The court held that the impleadment of parties is permissible only if they are necessary or proper for effective adjudication, and claims for probate must adhere to limitation periods.
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
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 party cannot be impleaded in an ongoing suit against the wishes of the plaintiff unless they are deemed a necessary or proper party under Order 1 Rule 10 CPC.
A party can be impleaded if their presence is necessary for complete adjudication, affirming the plaintiff's authority in selecting parties to sue.
Under Order 1 Rule 10(2) of the Code of Civil Procedure, a party may be impleaded only if they are necessary for an effective decree or proper for complete adjudication. A person claiming through a d....
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