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BHASKAR RAJ PRADHAN
Ms. Chumden Nangpa – Appellant
Versus
Tenzing Yapshi Yuthok – Respondent
| Table of Content |
|---|
| 1. challenge against alleged fraudulent conveyances. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. defendant's position on ownership and responsibilities. (Para 8 , 9 , 10) |
| 3. court's discretion in impleading necessary parties. (Para 11 , 12 , 13 , 14 , 15) |
| 4. final dismissal of petitions and costs. (Para 16 , 17 , 18) |
JUDGMENT
Bhaskar Raj Pradhan, J. - This judgment shall dispose two writ petitions identical in nature and between the same parties.
2. In both the writ petitions the petitioner (the plaintiff) challenges an order dated 14.11.2022 allowing the application for impleading subsequent transferees and a lessee filed by the respondent no.1 (defendant no.1).
3. In both the proceedings the plaintiff had filed a suit against the defendant no.1 alleging that he had misused the trust reposed on him by the plaintiff as he was her grand niece's husband; made her sign on blank papers on the pretext of helping her get compensation for construction of road on her land; preparing false power of attorney dated 20.07.2016 (power of attorney) and gift deed dated 22.01.2019 (gift deed) and sale deed dated 25.04.2016 (sale deed) respectively and disposing of her property.
4. In the proceedin
A party can only refuse to have additional parties impleaded against their wishes if those parties are not necessary for effective adjudication as per the Code of Civil Procedure.
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.
The court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
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.
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.
The court affirmed that a plaintiff's right to join parties (dominus litis) is subject to judicial discretion, and a proposed party must be necessary for a complete adjudication of the suit.
The Supreme Court clarified the distinction between necessary and proper parties under Order 1 Rule 10 of the Civil Procedure Code, emphasizing that even if a party is not necessary, their presence c....
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