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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Amrik Singh @ Amrik Singh Mangat Through Special Power of Attorney – Appellant
Versus
Balwinder Kaur – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. Challenge in the present revision petition filed under Article 227 of the Constitution of India is to the order dated 06.09.2023 (wrongly mentioned as 06.09.2022) passed by learned Civil Judge, Junior Division, Amloh (Annexure P-6), whereby the application dated 17.05.2013 filed by the petitioner under Order 1 Rule 10 CPC (Annexure P-4), has been dismissed.
2. The brief facts of the case are that the plaintiffs/respondents No.1 to 3 herein have filed a civil suit dated 20.11.2012 (Annexure P-1) for declaration to the effect that the plaintiffs being daughters of late Inderjit Singh @ Hardev Singh son of Narain Singh are joint owners having joint holding rights equal to the defendants/respondents No. 4 to 6 herein, in the suit land. Defendants appeared in the said civil suit and filed written statement dated 10.04.2013 (Annexure P-2). Replication dated 08.01.2014 (Annexure P-3) was filed thereto by the plaintiffs.
3. Learned counsel for the petitioner submits that the plaintiffs/respondents No. 1 to 3 had filed the present suit by concealing the material facts and have deliberately not impleaded the applicant/petitioner in the suit, who also had direct inte
The main legal point established in the judgment is the discretion of the court to add necessary parties for the complete adjudication of the suit, emphasizing the importance of settling all disputes....
While considering a petition under Order I Rule 10(2) CPC for addition of party, court is to satisfy itself that person who is sought to be added as party ought to have been joined as a party.
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....
The main legal point established in the judgment is the application of Order 1 Rule 10(2) C.P.C. and the principles regarding impleadment of parties as laid down by the Hon'ble Apex Court in the case....
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