SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(MP) 401

SHEEL NAGU
Jai Narayan Das – Appellant
Versus
Chhotelal – Respondent


Advocates:
Advocate Appeared:
N.K. Gupta with S.D. Singh for petitioner;
Anand V. Bhardwaj for respondents.

ORDER

1. The supervisory jurisdiction of this Court under Article 227 of the Constitution of India is invoked to assail the intermediate order passed on 4.2.2016 in Civil Suit No. 28A/2015 allowing the application under Order 1 rule 10 CPC preferred by Munnilal and Bhagirath respondents No. 2 and 3 herein by recording a finding that in a suit for eviction the said two persons who are in possession of the suit property are necessary party, thereby compelling the plaintiff to approach this Court.

2. The plaintiff/petitioner preferred a suit for eviction for arrears of rent against the defendant/respondent No. 1, claiming to be owner of the suit property. During pendency of the said suit, an application under Order I rule 10 read with section 151 of CPC was preferred by respondents No. 2 and 3 herein denying the ownership of the plaintiff and claiming impleadment in the suit as party on the strength of being in possession of the suit property since time immemorial.

3. The learned trial Judge, based on the claim of respondents No. 2 and 3 of being in possession of the suit property since long and relying upon the decision of this Court in the case of Nemichand Jain v. Ram Baboo [1995 (1)








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top