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JAYANT BANERJI
Anurag Srivastava – Appellant
Versus
Radhika Devi – Respondent
JUDGMENT
Jayant Banerji, J.
Heard Shri Ashish Kumar Srivastava, learned counsel for the petitioner-applicant and Shri Sanjay Mishra, learned counsel for the plaintiff-respondent No.1.
As is reflected in the previous order dated 27.7.2023 passed by this Court, Shri Sanjay Mishra, learned counsel for the plaintiff-respondent No.1 had stated that he did not propose to file any counter affidavit as the material on record is sufficient. Therefore, with the consent of the parties, this case is being taken up for consideration and disposal.
2. This petition has been filed seeking the following reliefs:
The main legal point established in the judgment is the right of impleadment under Order 1 Rule 10 of the CPC and the significance of its application when an adjudication may affect the rights of the....
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
The court affirmed that Subsequent Purchasers can be impleaded in a suit to protect their interests while reinforcing that substitution of parties requires plaintiffs' discretion.
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
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 main legal point established in the judgment is the interpretation of Section 14 of the Limitation Act, 1963, and the computation of the delay period in filing the chamber appeal.
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.
Court allowed dismissal of impleadment application for lack of legal standing, emphasizing that unregistered sub-leases cannot assert rights post-expiration of the main lease.
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