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B. P. ROUTRAY
Abhishweta @ Abhisweta Mishra – Appellant
Versus
Ashok Kumar Mishra – Respondent
JUDGMENT
B.P. Routray, J.—Heard Mr. A.P. Bose, learned counsel for the Petitioners, Mr. L. Mishra, learned counsel for opposite party no.1 and Mr. B.C. Panda, learned counsel for opposite party no.2.
2. Present CMP is directed challenging order dated 3rd April, 2025 of learned Senior Civil Judge, Baramba passed in CS No.24 of 2016, wherein the prayer of the petitioner under Order 1 Rule 10 C.P.C. has been refused.
3. The suit was filed by present opposite party no.1 praying for partition and other consequential reliefs where opposite parties 2 to 6 are the defendants. The common ancestor of the suit property is one Dasarathi Mishra who is father of the plaintiff and defendants.
4. At the stage of adducing evidences from the side of the plaintiff present petitioner filed a petition under Order 1 Rule 10 CPC praying to intervene in the suit as one of the defendants. Her claim is that she is daughter of the plaintiff born through his first wife and she was deliberately excluded from array of parties though she had already attended majority on the date of filing of the suit.
5. The learned trial court rejected the prayer of the petitioner for intervention on the assumption that she bei
Impleadment of Intervenor – Major daughter of plaintiff is a necessary party in a suit for partition of ancestral property.
The inclusion of all necessary parties in a partition suit is critical for effective adjudication, recognizing the rights of female heirs under the Hindu Succession Act.
Impleadment of a person with vested rights in ancestral property as a necessary party under Order 1 Rule 10 CPC.
A partition suit is non-maintainable if necessary parties, such as co-sharers, are not included, as effective decrees cannot be passed without their presence.
A necessary party with a direct interest in property may be added to ensure effective adjudication, according to Order 1 Rule 10 of the CPC.
There is no legal embargo against addition of any new party after a preliminary decree in suit for partition has been passed because suit for partition is disposed of only when final decree is passed....
The court emphasized the importance of evaluating the necessity of a party's presence in a pending lis and the non-condonability of delay in seeking impleadment.
Partition – Decree - When Apex Court held final decree is always required to be in conformity with preliminary decree but that does not mean that preliminary decree before final decree is passed cann....
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
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