Case Note & Summary
The present application was filed by 61 members of Pariwar Co-operative Housing Society Limited seeking impleadment in a suit filed by Nitin Chandrakant Patel, the sole proprietor of M/s. Mahalaxmi Land Development, against the society and its office bearers. The plaintiff sought a declaration that the society had no right, title, or interest in the suit property and a permanent injunction restraining the defendants from interfering with the plaintiff's possession. The applicants contended that they were members of the society and had a direct interest in the property, as any decree against the society would affect their rights. The court, after hearing both sides, held that the applicants were proper parties to the suit as their rights would be directly affected by the outcome. However, to avoid delay, the court directed that the applicants would not be permitted to file additional written statements or lead evidence beyond what was already on record, and they would be bound by the proceedings. The application was allowed with these conditions.
Headnote
A) Civil Procedure Code, 1908 - Order 1 Rule 10 - Impleadment - Necessary and Proper Party - Members of a co-operative housing society sought impleadment in a suit filed by a developer against the society and its office bearers for declaration and injunction - The court held that the applicants, being members of the society, have a direct interest in the subject matter of the suit as any decree against the society would affect their rights in the property - The court allowed the application, directing that the applicants be added as defendants, but clarified that they would not be entitled to file additional written statements or lead evidence beyond what is already on record, and would be bound by the proceedings (Paras 1-10).
Issue of Consideration
Whether the applicants, who are members of the defendant society, are necessary or proper parties to the suit and entitled to be impleaded as defendants.
Final Decision
The application is allowed. The applicants are directed to be added as defendants to the suit. However, they shall not be entitled to file additional written statements or lead evidence beyond what is already on record, and they shall be bound by the proceedings.
Law Points
- Order 1 Rule 10 CPC
- Impleadment
- Necessary and Proper Party
- Right to be Heard
- Co-operative Housing Society
- Members' Rights
