Case Note & Summary
The present interim application was filed by two applicants, Arun Sampatrao Patil and Dilip Laxman Kuradkar, seeking to intervene in First Appeal No. 1407 of 2012 pending before the Bombay High Court. The appeal arises from a suit concerning property rights among the Waghmare family members. The applicants claimed that they are not parties to the original suit but have independent title and interest in the suit property, having purchased portions of it from some of the defendants. They apprehended that any decree passed in the appeal may adversely affect their rights without affording them an opportunity of being heard. The court considered the provisions of Order 1 Rule 10 of the Code of Civil Procedure, 1908, which allows the court to add any person as a party whose presence is necessary for the complete and final determination of the dispute. The court noted that the applicants have a direct interest in the subject matter of the appeal and that their impleadment would avoid multiplicity of proceedings. The court also observed that no prejudice would be caused to the existing parties as the applicants would only be heard on the question of their rights. Accordingly, the court allowed the interim application and directed that the applicants be added as interveners in the appeal, with liberty to file their submissions and documents. The court further directed that the appeal be heard on merits after giving an opportunity to the interveners to present their case.
Headnote
A) Civil Procedure - Intervention - Order 1 Rule 10 CPC - Third Party Rights - Applicants claiming independent title to suit property sought impleadment in appeal - Court held that to avoid multiplicity of proceedings and to effectively adjudicate the dispute, the applicants should be heard before any final order affecting their rights is passed - Held that the applicants are entitled to intervene and be heard in the appeal (Paras 1-10).
Issue of Consideration
Whether the applicants, who are not parties to the original suit but claim independent title to the suit property, are entitled to be impleaded as interveners in the pending first appeal.
Final Decision
The court allowed the interim application and directed that the applicants be added as interveners in First Appeal No. 1407 of 2012, with liberty to file their submissions and documents. The appeal to be heard on merits after giving opportunity to the interveners.
Law Points
- Intervention
- Order 1 Rule 10 CPC
- Third party rights
- Suit property
- Appeal
- Right to be heard
