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SARAL SRIVASTAVA
Shri Bankhandi Nath Developers Pvt. Ltd. – Appellant
Versus
Dharmendra Kumar Rathore – Respondent
Headnote: Read headnote
JUDGMENT :
Saral Srivastava, J.
1. Heard Ms Shreya Gupta, learned counsel for the plaintiff/revisionist and Sri Navin Sinha, learned Senior Advocate assisted by Sri Arvind Srivastava, learned counsel for the respondents.
2. By means of the present civil revision, the plaintiff/revisionist has assailed the order dated 11.05.2022 passed by the Civil Judge (Senior Division), Bareilly by which he has allowed the application 151Ka and application 227Ga of Dharmendra Kumar Rathore-respondent no.1 for impleading him as 'defendant' in Original Suit No.530 of 2017.
3. The facts in brief are that the plaintiff/revisionist is a private limited company duly registered with the Registrar of Companies Uttar Pradesh and Uttarakhand, Kanpur on 07.07.2011. The plaintiff-revisionist has instituted the Original Suit No.530 of 2017 praying for a decree of specific performance of agreement to sale dated 12.07.2011 executed by respondent no.2 (defendant no.1 in original suit) in favour of plaintiff/revisionist registered in the office of Sub-Registrar-II, Bareilly on 12.0
The court ruled that a party cannot be impleaded unless their presence is necessary for the effective adjudication of the suit, emphasizing the plaintiff's right as dominus litis.
The court affirmed the principle that parties with substantial interest must be joined for effective adjudication in specific performance suits, emphasizing judicial discretion under Order 1 Rule 10.
The court may compel the addition of necessary parties to a suit despite the plaintiff's choice, ensuring all interested parties can be adjudicated effectively.
Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
Object of Order 1 Rule 10 CPC is that person whose presence is necessary before Court, is made a necessary party to effectually adjudicate upon rights of parties and settle all questions involved in ....
The court emphasized the necessity of including all parties with direct interest in a suit for comprehensive adjudication, rejecting the exclusion based solely on prior dismissals.
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....
An appellant seeking to be impleaded in a suit must establish necessary standing, which was not demonstrated here; hence, the dismissal was upheld.
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
The main legal point established in the judgment is that the discretionary power to add parties under Order 1 Rule 10 of the Code of Civil Procedure should be exercised to ensure the effective adjudi....
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