Back
P. SREE SUDHA
B. Sudhakar – Appellant
Versus
Farhat Sultana – Respondent
ORDER :
1. Civil Revision Petition No. 2871 of 2023 is filed against the order dated 24.03.2023 passed in I.A. No. 920 of 2022 in O.S. No. 5427 of 2007 on the file of the VII Junior Civil Judge, City Civil Court, Hyderabad.
2. Civil Revision Petition No. 1692 of 2023 is filed against the order dated 23.03.2023 passed in I.A. No. 12 of 2023 in O.S. No. 5427 of 2007 passed by the VII Junior Civil Judge, City Civil Court, Hyderabad.
3. An application in I.A. No. 920 of 2022 is filed by the petitioner under Rule 10 of Order I read with Section 151 of CPC to implead the petitioner as plaintiff No. 8 in O.S. No. 5427 of 2007.
4. An application in I.A. No. 12 of 2023 is filed by the petitioner under Rule 10 of Order I read with Section 151 of CPC to implead the petitioner as defendant No. 9 in O.S. No. 5427 of 2007.
5. Both the applications are filed by different petitioners in the same suit and this Court finds it reasonable to pass a common order in both the applications.
6. O.S. No. 5427 of 2007 is filed for cancellation of sale deed vide document No. 2453 of 1960 dated 14.10.1960 for ancillary relief of possession. Plaintiff stated that late Omar Bin Awad Award AAqqiti @ Shamsheer Nawaz Jun
The court emphasized the necessity of allowing parties with substantial interest to join ongoing litigation to ensure effective adjudication and avoid multiplicity of proceedings.
Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
The central legal point established in the judgment is the application of Section 52 of the Transfer of Property Act, which renders any transfer of property during the pendency of a suit void. The co....
In specific performance actions, a power of attorney holder does not automatically constitute a necessary party unless there is evidence of property interest; late amendments are permissible only wit....
A plaintiff has the prerogative to choose parties in a suit and cannot be compelled to include a party against whom no relief is sought.
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.
The main legal point established in the judgment is that sale deeds executed in violation of injunction orders and lacking legal sanctity can be declared null and void, and the issue of limitation ca....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
