The presence of a party in a suit should be in compliance with the provisions under the Civil Procedure Code, and the distinction between necessary party and proper party is crucial in determining the impleadment of parties in a suit.

Heard Mr. L.Khyriem, learned counsel appearing for the petitioner.

2. This revision petition is directed against the judgment and order of the Judge, District Council Court, dated 23-04-2015 passed in Misc. Civil Appeal No. 13/2014, wherein and whereunder the learned Appellate Court had partly allowed the appeal.

3. The concise facts of the case sufficient for deciding the present revision petition is noted. The respondents had filed the Title Suit being T.S. No. 12/2011 against the wife of the present petitioner (Smti Bettymai Syiem) in the court of the Judge, Khasi Hills District Council Court, at Shillong. The relief sought for in the said T.S. No. 12/2011 read as follows:

“In the premises aforesaid it is, therefore prayed that your Honour may graciously be pleased to pass a judgment and order for:-

i) a declaration that the suit properties are the ancestral properties of the parties,

ii) a declaration that the defendant as the youngest daughter of the family is the custodian of the suit properties,

iii) a declaration that the defendant without the knowledge and consent of the plaintiffs as the next legal to the suit properties so also the defendant’s only surviving brother cannot dispose of or transfer the suit properties by way of gift, sale or other mode of transfer,

iv) permanent injunction restraining the defendant or anybody claiming through her or on her behalf from transferring or disposing of the suit properties without the knowledge and consent of the plaintiffs and/or her brother,

v) for costs of this suit, and

vi) for any other relief(s) as this Hon’ble Court deems fit and proper.”

4. The present petitioner filed the application dated 14-03-2014 in the court of Smti. S.B.Laitthma, Presiding Officer, Subordinate District Council Court, Shillong, for impleadment as defendant as respondents who are the plaintiffs in the T.S. No. 12/2011 had made vexatious and false allegations against the present petitioner in the plaint of the T.S. No. 12/2011. For easy reference, the said application dated 14-03-2015 filed in the said court for impleadment in the T.S. No. 12/2011 is reproduced hereunder:

IN THE COURT OF SMTI. S.B.LAITTHMA,

PRESIDING OFFICER, SUBORDINATE DISTRICT

COUNCIL COURT, SHILLONG

Ivory Syiem and another - Plaintiffs

Versus

Bettymai Syiem - Defendant

Title Suit No. 12 of 2011

IN THE MATTER OF:

An application for impleadment of the applicant as a necessary parties/defendants in Title Suit No. 12 of 2012.

AND

IN THE MATTER OF:

John Chen - Applicant

Versus

Ivory Syiem & Ors. - Opp. Parties/Plaintiffs

The humble application on behalf of the applicants above named…

MOST RESPECTFULLY SHEWETH:

1. That the applicant herein is in the knowledge that the opposite parties/plaintiffs has filed the instant title suit against his legally married wife, Smti. Bettymai Syiem, praying for declaration and permanent injunction in respect of land at (1) Mawlai Phudmawri (Khlieh Shnong), Shillong, (2) Mawlai Mawtawar, Shillong, (3) Laitumkhrah, Shillong, (4) “Lum Syiem” situated at Umroi Nongrah, Ri Bhoi District, (5) Umtyrnah-Umroi Umdohbyrthih, Ri Bhoi District, (6) Umroi (known as Shiliang Phud Wah Umroi), Raid Mawbuh, Ri-Bhoi District, (7) Umeit-Umroi, Ri-Bhoi District, (8) Myrdon Mawdei, Myrdon Sirdarship, (9) Myrdon Nongbah (known as “Khyndew Syiem”), Myrdon Sirdarship.

2. That the applicant states that the opposite parties/plaintiffs has made vexatious and false allegations against the applicant in the Title Suit and the Show cause dated 03-03-2014 to the application dated 22-11-2013 filed by Smti Bettymai Syiem (Defendant herein) for returning of the plaint.

3. That the applicant states that the opposite parties/plaintiffs in their plaint in paragraph 9 and 13 has stated as follows:

Paragraph 9: “…and thereafter the defendant remarried one Mr. John Chen who is a foreign national by origin and as a result bore one son namely Daniel Syiem”

Paragraph 13: “There is also terrible fear that the recent development has been