Advocates:
['M/S ASHOK TRIPATHY', '', 'A TRIPATHY', 'P C DAS', '', 'A K CHOUDHURY']

C.M.P. No.254 of 2014

&

C.M.P. No.255 of 2014

07.

22.03.2017

Heard Mr. A.Tripathy, learned counsel for the petitioner and Mr. A.K. Choudhur

y, learned counsel for the opposite party no.6.

Panchanan Praharaj, predecessor-in-interest of opposite party nos.1 to 5 as pl

aintiffs, instituted suits in the court of learned Civil Judge (Junior Division), Berhampur, G

anjam for declaration of right, title and interest and permanent injunction impleading opposit

e party no.6 as defendant. During pendency of the suit, he died. Thereafter opposite party no

s.1 to 5 were substituted. While the matter stood thus, the petitioner filed an application u

nder Order 1 Rule 10 for impleadment on the ground that she is the wife of plaintiff no.1(b).

The original plaintiff executed willnama in her favour. The learned trial court rejected the

application.

The distinction between a necessary party and a proper party is well known. In

Udit Narain Singh Malpaharia-Vrs.-Additional Member Board of Revenue, Bihar and another, AIR

1963 SC 786, the apex Court held that a necessary party is one without whom no order can be ma

de effectively, a proper party is one in whose absence an effective order can be made but whos

e presence is necessary for a complete and final decision on the question involved in the proc

eeding.

In Razia Begum-Vrs.-Sahebzadi Anwar Begum and others, AIR 1958 SC 886, the ape

x Court held that it is firmly established as a result of judicial decisions that in order tha

t a person may be added as a party to a suit, he should have a direct interest in the subject

matter of the litigation whether it raises questions relating to movable or immovable property

.

In view of the fact that the original plaintiff has executed a willnama, the i

ntervenor has direct interest over the suit land.

Accordingly, the impugned order is quashed. The intervenor be impleaded as pla

intiff no.2. Learned trial court shall conclude the hearing of the suits by end of July, 2017

positively.

Both the petitions are disposed of.

....

Dr. A.K.Rath, J.

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