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NIDHI GUPTA
Sanjay Vyas – Appellant
Versus
Durga Devi Vyas – Respondent
| Table of Content |
|---|
| 1. family ownership disputes and agreements. (Para 2 , 3 , 4 , 5) |
| 2. locus standi and relevance of parties in suits. (Para 6 , 7 , 8) |
| 3. chronology of ownership and deeds. (Para 12 , 15) |
| 4. necessity of a party for effective adjudication. (Para 14 , 16 , 17) |
| 5. dismissal of the revision petition. (Para 20 , 21) |
JUDGMENT
Ms. Nidhi Gupta, J.
Present revision petition has been filed by the plaintiff seeking setting aside of order dated 24.8.2017 (Annexure P-11) passed by Civil Judge (Senior Division), Sonepat whereby application filed by respondent no.2 under Order 1, Rule 10 CPC for being impleaded as defendant in the Petitioner's civil suit has been allowed.
2. Brief facts of the case are that the petitioner is son of the (now deceased) respondent no.1 Smt. Durga Devi, real brother of LRs of respondent no.1, and brother-in-law of respondent no.2 herein. Subject matter of dispute in the civil suit is H.No.139, Eight Marla, Ram Nagar, Sonepat (hereinafter referred to as 'the suit property'). It is the petitioner's case that in the Family Settlement entered into between the parties, respondent no.2 had recorded her statement on 24.9.2012 to the effect that respondent no.1 Smt.
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
The main legal point established in the judgment is that the discretionary power to add parties under Order 1 Rule 10 of the Code of Civil Procedure should be exercised to ensure the effective adjudi....
Court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff/appellant.
Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
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