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AJIT KUMAR
New Agra Resident Welfare Association – Appellant
Versus
New Agra Vikas Samiti Regd. – Respondent
JUDGMENT :
[Ajit Kumar, J.]
1. Case called out in the revised call, learned counsel for the petitioner is present though Sri Pradip Chandra, learned Advocate has filed vakalatnama on behalf of Nagar Nigam, Agra but he is not present and Sri Amit Kumar Mishra has filed vakalatname on behalf of respondent No. 1 but he is also not present, however, they have filed counter-affidavit which is taken into consideration while deciding this petition.
2. The petitioner before this Court is a Resident Welfare Association styled as New Resident Agra Welfare Association and claimed to have form a society of the residents of the colony, which has been developed after due sanction of the map by the competent authority.
3. It is submitted by learned counsel for the petitioner that colony houses also a community hall, park for the use of residents of the colony, however since opposite party number 1 started using the premises in question for organizing marriages to the disadvantage of residents of the colony to enjoy park as an open space, the society made a complaint to the District Magistrate, Deputy Director General of Police, Agra, Vice Chairman of Agra Development Authority as well as Municipal
The absence of a party would only justify impleadment if it hinders the effective adjudication of the dispute, and the party seeking impleadment must be directly involved in the relief sought in the ....
The Court emphasized that a party should only be impleaded in a suit if their involvement is necessary, and the plaintiff is the master of the suit and can decide whom to proceed against.
A party may be impleaded if their presence is necessary for effective adjudication, as established by the principles governing such applications.
A necessary party must be joined in a suit to ensure effective adjudication, as per Order 1 Rule 10 of the CPC.
Point of law: Even if no relief is sought against the proposed party in the suit, the object of Order-I Rule 10 (2) CPC is to implead a third party to the suit if the dispute in the suit would be res....
The presence of a party in a proceeding is necessary if it is found to be necessary for effectually and completely adjudicating and settling the questions involved in the suit.
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