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PRANAY VERMA
Shyamlal – Appellant
Versus
Mangilal – Respondent
ORDER
With the consent of learned counsel for the parties, the matter is heard finally.
1. By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 21.09.2021 (Annexure P/6) passed by the Additional Collector, District Indore whereby the revision preferred by him under Section 50 of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code, 1959') against the order dated 23.02.2021 passed by the Tehsildar, Tehsil Khudel, District Indore has been dismissed by which his application under Order 1 Rule 10 of the CPC for being impleaded as a party to the proceedings under Section 250 of the Code, 1959 initiated by respondent No.1 had been rejected.
2. The record shows that respondent No.1 has filed an application before the Tehsildar against respondent No.2 under Section 250 of the Code, 1959 for recovery of possession of the disputed lands. During course of proceedings the petitioner filed an application under Order 1 Rule 10 of the CPC for being impleaded as a party submitting that he is lawful owner of the disputed lands and is also in possession thereof hence is a necessary party to the proceedings. The applicatio
A person claiming possession of land, not impleaded as a party by the Bhumiswami, is a necessary and proper party to the proceedings under Section 250 of the M.P. Land Revenue Code, 1959.
The court established that under Order 1 Rule 10 of CPC, necessary parties must be added to ensure effective adjudication of disputes.
The presence of a party whose presence is necessary to determine the real issue in controversy should be permitted in a civil suit. A suit for injunction can include parties whose presence would enab....
The court emphasized the importance of the trial court's exercise of jurisdiction in accordance with Rule 10 of Order 1 of the Code of Civil Procedure when considering applications for impleadment.
Impleading a party to decide the cause raised in the suit is essential when the party's claim is necessary to address the issues concerning possession of the property.
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.
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