ARUN KUMAR JHA
Shanti Singh – Appellant
Versus
Jugeshwar Nath Srivastava – Respondent
JUDGMENT (CAV)
Heard learned counsel for the petitioners and learned counsel for the respondent no.1 on the point of admission and I intend to dispose of this petition at this stage itself.
2. The intervenors/petitioners have filed the instant petition seeking the following reliefs:—
“(i) Quashing/setting aside the part of the impugned order dated 17.01.2023 (Annx-4) passed by the learned Additional District Judge VI, Danapur, Patna, in Title Appeal No.-79 of 2019 (Divya Kumari & others Vs. Jugeshwar Nath Srivastava), whereby and whereunder the intervention applications of the present petitioners no. 1 to 4 dt. 06.12.2022 (Annx-2), as well as the intervention application of the present petitioners no. 5 to 6 dt.06.01.2023 (Annx-3), both filed U/O 1 Rule 10 (2) C.P.C. for their own impleadment in the pending Title Appeal as Co-appellants have been rejected.
(ii) Allowing the intervenors-petitioners’ application dt. 06.12.2022 (Annx-2) and also dt. 06.01.2023 (Annx-3), both filed U/O 1 Rule 10 (2) C.P.C. and implead them in the pending Title Appeal as Co-appellants, as these intervenors have admittedly purchased the suit land during pendency of the Title suit from the Plaintiffs.
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(1) Impleadment of necessary party in suit/appeal – Court may at any stage of proceeding can or add or delete party to a suit if it feels presence of such party might be necessary – Any application f....
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 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....
The court emphasized that a transfer pending litigation is not void but subservient to the ongoing suit, affirming judicial discretion to allow impleadment to protect bona fide purchasers' rights.
An applicant seeking impleadment must demonstrate a direct legal interest and right to relief concerning the controversy in a suit; absence of such a link renders the request for impleadment invalid.
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