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PRADEEP KUMAR SRIVASTAVA
Mohammad Rafi Rain – Appellant
Versus
Md. Hanif – Respondent
JUDGMENT
The instant civil miscellaneous petition has been filed under article 227 of the Constitution of India for quashing the order dated 03.02.2022, passed by learned Civil Judge/ (Jr. Division) I, Palamau at Daltonganj in Title Suit No. 64 of 2010 whereby and whereunder the Court below has rejected the application of the petitioner under Order I Rule 10 (2) CPC for impleading as a party defendant in the said suit.
2. Learned counsel for the petitioner/ intervener submitted that while passing the impugned order the learned Civil Judge Junior Division has failed to properly appreciate the facts and the law involved in this case and arrived at erroneous conclusion. The court below should have held that the intervener applicant has right, title, interest and possession over the suit land inherited from his father Mohammad Sheikh Abdul Rahman along with other family members including the defendant joined in this case namely, Wasi Ahmad respondent no.2, own younger brother of the intervener/applicant. It is admitted by plaintiff that originally the suit land belong to late Abdul Rahman but it has been falsely pleaded that said Sheikh Abdul Rahman executed a “Bazidawa” in the year 19
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.
The court clarified the criteria for necessary parties under Order 1 Rule 10 of the Code of Civil Procedure, emphasizing that a party's independent claim does not warrant inclusion in a suit if it do....
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....
Intervention application – Being masters of their lis, petitioners cannot be made to contest or fight against an opponent who, in eyes of plaintiffs, has no concern with suit land and has not been ca....
The main legal point established in the judgment is the application of Order 1 Rule 10(2) C.P.C. and the principles regarding impleadment of parties as laid down by the Hon'ble Apex Court in the case....
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