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2021 Supreme(UK) 325
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
S.K.Mishra, J.
Rohtash Kumar - Appellant
Versus
Ram Chaitnya & Anr. - Respondents
Writ Petition (M/S) 2358 of 2021
Decided On : 11-11-2021
Narendra Bali, Advocate
Once a party claims interest over the property subject to the suit, they are a necessary party.
Headnote:
Will - Suit Property - The court upheld the decision to add a proposed defendant to the suit who claimed a right over the suit property by virtue of a Will, stating that once a party claims interest over the property subject to the suit, they are a necessary party.
Fact of the Case:
The petitioner challenged the order allowing the addition of a proposed defendant claiming a right over the suit property by virtue of a Will.
Finding of the Court:
The court dismissed the writ application, upholding the orders passed by the lower courts to add the proposed defendant to the suit.
Issues: Challenge to orders allowing addition of proposed defendant claiming right over suit property by virtue of a Will.
Ratio Decidendi: Once a party claims interest over the property subject to the suit, they are a necessary party.
Final Decision: The writ application was dismissed, and no costs were awarded.
JUDGMENT
S.K. Mishra, J. - Heard Mr. Narendra Bali, learned counsel for the petitioner.
2. In this writ petition, the petitioner has challenged the order passed by learned 1st Additional District Judge, Haridwar in Civil Revision No. 24 of 2020 as well as the order passed by learned Civil Judge (J.D.) in O.S. No. 144 of 2015 allowing an application of the opposite party to add as defendant to the suit. The said proposed defendant is claiming a right over the suit property by virtue of a Will.
3. Learned counsel for the petitioner submits that the Will does not relate to the suit property but that matter cannot be decided at the stage of deciding an application under Order 1 Rule 10 of the Civil Procedure Code, 1908. Once a party claims that he has interest over a property which is the subject matter of the suit, then he is a necessary party.
4. We do not find any reason to interfere with the order passed by the learned courts below. Hence, the writ application is dismissed being devoid of merit.
5. There shall be no order as to the costs.
6. Urgent certified copy of this order be granted on proper application.
