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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Shanthilal Bharath Bhandari, S/o. Late Ghewarchand Jain – Appellant
Versus
Venkataiah (died for LRs) – Respondent
ORDER :
B.R.MADHUSUDHAN RAO, J.
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order passed by the learned Senior Civil Judge at Chevella, Ranga Reddy District in IA No.448 of 2023 in OS.No.211 of 2006, dated 10.07.2023.
2. Petitioner is the proposed defendant No.12 and respondent Nos.1 to 5 are the respondents-plaintiffs and the respondent Nos.6 to 15 are other respondents in IA.No.448 of 2023 in OS.No.211 of 2006.
3. It is mentioned in the cause title of the revision that respondent Nos.6 to 15 are not necessary parties.
4. Notices got issued to respondent Nos.2 to 5-respondents- plaintiffs in the CRP are served on 21.08.2023, none appeared for them.
5.1. Petitioner has filed IA.No.448 of 2023 under Order 1 Rule 10 of Civil Procedure Code, 1908 (for short ‘CPC’) to implead him as proposed defendant No.12 in the suit.
5.2. It is stated in the affidavit that petitioner’s vendors by name Mujahid Hussain and Irfan Hussain have purchased the property admeasuring Acs.04-09 guntas in survey No.135 of Pamena Village from respondent Nos.6 to 8-defendant Nos.1 to 3 and the said purchasers have sold the land in favour of the petitioner under r
The court emphasized that necessary parties must be included in a suit to ensure complete adjudication, correcting the trial court's error in dismissing the petitioner's application for impleadment.
Purchasers of the suit property pendente lite are necessary parties and must be impleaded for just adjudication, affirming the principle to prevent multiplicity of litigation.
A transferee pendente lite is entitled to be impleaded in a suit to protect their interest, and the trial court erred in dismissing the application for impleadment.
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.
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.
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