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G. S. AHLUWALIA
Kailash – Appellant
Versus
Kaluram – Respondent
ORDER
1. This petition under Article 227 of the Constitution of India has been filed against the order dated 4.3.2022 passed by First Civil Judge, Junior Division, Ashoknagar in Case No. RCSA No.351/2021, by which the application filed by the petitioners under Order 1 rule 10 read with section 151 of CPC for impleading them as defendants has been rejected.
2. It is submitted by the counsel for the petitioners that the respondent No.1 has filed a civil suit against the respondents No.2 to 6 for declaration of title and permanent injunction in respect of Survey No.256/2 area 1 hectare. The petitioners filed an application under Order 1 rule 10 of CPC on the ground that the petitioners are in possession of the suit land and are necessary party. By the impugned order, their application under order 1 Rule 10 CPC has been rejected.
3. On 28.11.2022, a specific statement was made by the counsel for the petitioners that although the petitioners in their application have claimed that they are in possession, but now they do not want to press the said submission made in the application and they want to get themselves impleaded just in order to support the State Government and other defendants.
The court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
Impleadment as part defendant in suit – Legal claim of petitioner cannot be defeated merely on the ground of delay or advance stage of proceeding of suit.
Implead of party - Suit for permanent injunction against the Government and when admittedly the property belongs to the Government the presence of the petitioner who claims to have purchased the said....
In a suit for permanent injunction, parties can only be added if they are necessary for adjudication; plaintiffs hold the discretion to determine who is included without compulsion to add parties not....
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