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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Harbati – Appellant
Versus
Ajit Singh – Respondent
| Table of Content |
|---|
| 1. challenge to impleadment in a suit. (Para 1 , 2 , 3) |
| 2. arguments regarding application delay. (Para 4 , 5) |
| 3. court analysis on limitation of actions. (Para 6 , 7) |
| 4. decision to dismiss revision petition. (Para 8) |
| 5. disposition of pending miscellaneous applications. (Para 9) |
JUDGMENT :
HARKESH MANUJA, J.
1. By way of present revision petition, challenge has been laid to an order dated 21.11.2022 passed by Additional Civil Judge (Senior Division), Sohna, District Gurugram, whereby an application preferred under Order 1 Rule 10 read with Section 151 CPC on behalf of the petitioner/plaintiff seeking impleadment of Neeraj Aggarwal who happened to be one of the purchasers in the sale deed dated 05.07.2013, stands declined.
2. Briefly stating, the petitioner/plaintiff filed a suit for declaration along with consequential relief of permanent injunction while claiming herself to be owner in possession of the suit property measuring 06 kanals 12 marlas 4 sarsais situated within the revenue estate of Village Sohna, Tehsil Sohna, District Gurugram by virtue of sale deed dated 01.02.2011 executed in her favour by defendants No.3 to 5. In the said suit, challenge was also laid t
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.
The main legal point established in the judgment is the right of impleadment under Order 1 Rule 10 of the CPC and the significance of its application when an adjudication may affect the rights of the....
The court emphasized the necessity of allowing parties with substantial interest to join ongoing litigation to ensure effective adjudication and avoid multiplicity of proceedings.
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.
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.
Procedural laws must be followed for party impleadment, but they should not obstruct the administration of substantive justice.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
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