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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Kulwant Singh – Appellant
Versus
Balkar Singh – Respondent
| Table of Content |
|---|
| 1. nature of the suit and current procedural status. (Para 1 , 2 , 3 , 4) |
| 2. criteria for defining necessary and proper parties under order 1 rule 10(2) cpc. (Para 5 , 6) |
| 3. individual assessment of party interest and necessity for adjudication. (Para 7 , 8 , 9) |
| 4. final outcome and disposal of the petition. (Para 10 , 11) |
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This revision petition is directed against the order dated 02.03.2026 (Annexure P-6) passed by learned Civil Judge (Sr. Divn.), SAS Nagar, Mohali vide which an application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 moved by the petitioner for impleading him as a defendant in the counterclaim filed in Civil Suit No. 999 of 2019 titled Balkar Singh and another Vs. Lakhwinder Singh , has been dismissed.
2. The said suit has been instituted by one Lakhwinder Singh to the effect that the Will dated 20.02.2017 executed by his father namely Darshan Singh in favour of defendants Balkar Singh and Surjit Kaur is illegal, null and void and the same is liable to be cancelled/set aside as the same has been executed by late Shri Darshan Singh only to deprive the plaintiff of his right in t
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....
Implead of party - Suit for permanent injunction against the Government and when admittedly the property belongs to the Government the presence of the petitioner who claims to have purchased the said....
The presence of a party whose presence is necessary to determine the real issue in controversy should be permitted in a civil suit. A suit for injunction can include parties whose presence would enab....
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.
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
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.
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.
The court clarified the criteria for necessary parties under Order 1 Rule 10 of the Code of Civil Procedure, emphasizing that a party's independent claim does not warrant inclusion in a suit if it do....
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