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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Sukhwinder Kaur @ Shindo – Appellant
Versus
Gurmit Singh – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This revision petition has been instituted under Article 227 of the Constitution of India against the order dated 06.11.2025 (Annexure P-1) passed by Civil Judge, Junior Division, Moga in Civil Suit No.1836 of 2022, titled Sukhwinder Kaur and Ors. Vs. Gurmit Singh and Ors., vide which application under Order 1 Rule 10 CPC moved by respondent-Gurpinder Kaur for impleading her as defendant has been allowed.
2. I have heard learned counsel for the petitioners and have gone through the material placed on the file.
3. Learned counsel for the petitioners contended that respondent No.5 namely Gurpinder Kaur has purchased the suit property from defendant No.1 during pendency of the suit. The suit in question has been instituted by theplaintiffs-petitioners seeking declaration to the effect that plaintiffs and proforma defendants are owners in joint possession of the suit property in equal shares, as the same is ancestral, coparcenary, joint Hindu Family property in their hands. Learned counsel further contended that since the transfer of the suit property by defendant No.1 in favour of Gurpinder Kaur has been made during the pendency of the suit and witho
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.
The court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
The court emphasized that a necessary or proper party can only be added if it is essential for effective adjudication and not against the wishes of the dominus litis principle.
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 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.
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.
Plaintiffs are dominus litis – Unless court suo motu directs to join any other person not party to suit for effective decree and/or for proper adjudication as per Order 1 Rule 10, CPC, nobody can be ....
Addition of the proposed defendant would result into causing serious prejudice to the plaintiff and the substitution or the addition of a new cause of action would only widen the issue which requires....
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