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JASPREET SINGH
Madhu – Appellant
Versus
Addl. District Judge Court No. 4, Sitapur – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard learned counsel for the petitioner.
2. In furtherance of the order dated 05.01.2024, the counsel for the petitioner has filed the supplementary-affidavit which is taken on record.
3. Under challenge is the order dated 16.12.2023 passed by the Additional District Judge, Court no.4, Sitapur.
4. In order to appreciate the controversy involved in the instant petition, briefly the facts giving rise to the same is being noticed hereinafter.
5. One Satish Kumar instituted a suit seeking cancellation of sale deed which was registered as Regular Suit No.263 of 2008. In the said suit, the defendants were Shanti Devi and Madhu Devi. The record further indicates that Madhu Devi is the successor in interest of Shanti Devi who had executed a sale deed in her favour. The record further indicates that the suit bearing No.263 of 2008 came to be dismissed by the trial court in exercise of power under section 151 CPC on 28.07.2012.
6. Being aggrieved against the order dated 28.07.2012, an appeal was preferred by Satish Kumar alongwith one Ram Pyari. The said appeal was registered as Civil Appeal No.97 of 2012. However, objections were raised by the present petitioner i
Procedural laws must be followed for party impleadment, but they should not obstruct the administration of substantive justice.
The court emphasized the necessity of allowing parties with substantial interest to join ongoing litigation to ensure effective adjudication and avoid multiplicity of proceedings.
A plaintiff cannot be compelled to add parties against their will unless required by law; acceptance of costs indicates acceptance of the court's order.
An application for impleadment under Order 1 Rule 10 CPC is barred by limitation if filed beyond three years of the execution of the relevant deed.
The transferee of the property during the pendency of the suit does not have an independent right to be impleaded as a party and would still be entitled to her share in the suit property.
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