Case Note & Summary
The petitioner, Gajanan Mahadeo Potdar, filed a writ petition challenging the order dated 22.10.2021 passed by the Civil Judge, Junior Division, Aatpadi, District Sangli, in Regular Civil Suit No. 14 of 2005. The suit was originally filed by Mahadeo Potdar (since deceased) against his four sons seeking a declaration and injunction in respect of suit properties. The respondents (applicants) filed an application under Order I Rule 10 CPC on 09.01.2018 seeking impleadment as defendants, claiming independent title and possession over the suit property. The Trial Court allowed the application, directing that the applicants be added as defendants. The plaintiff, being aggrieved, filed the present writ petition. The court examined the facts and found that the applicants had filed a separate suit (Regular Civil Suit No. 15 of 2005) for specific performance of an agreement to sell the suit property, which was decreed in their favor. The applicants claimed that they were in possession of the suit property and had independent title. The court held that the applicants are necessary and proper parties for the effective adjudication of the suit, as their presence would enable the court to effectually and completely adjudicate upon the issues involved and avoid multiplicity of proceedings. The court dismissed the writ petition, upholding the Trial Court's order.
Headnote
A) Civil Procedure - Impleadment - Order I Rule 10 CPC - Necessary and Proper Party - Applicants claiming independent title and possession over suit property are necessary and proper parties for effective adjudication of the suit - Trial Court allowed application for impleadment - Held that the applicants have a direct interest in the subject matter and their presence is necessary to avoid multiplicity of proceedings and to enable the court to effectually and completely adjudicate upon the issues involved (Paras 1-17).
Issue of Consideration
Whether the Trial Court was justified in allowing the application for impleadment under Order I Rule 10 CPC filed by persons claiming independent title and possession over the suit property, who are not parties to the suit.
Final Decision
The writ petition is dismissed. The order dated 22.10.2021 passed by the Civil Judge, Junior Division, Aatpadi, District Sangli, below Exh. 243 in Regular Civil Suit No. 14 of 2005 is upheld. No order as to costs.
Law Points
- Order I Rule 10 CPC
- necessary party
- proper party
- effective adjudication
- impleadment
- independent title
- possession
- lis pendens
Case Details
2023 LawText (BOM) (06) 60
Civil Writ Petition No. 721 of 2022
Mr. Prathamesh B. Bhargude for Petitioner, Mr. Dilip Bodake for Respondent No. 4
Govind Maruti Jare, Ranjana Gopinath Jare, Pradeep Gopinath Jare, Sharad Gopinath Jare, Vilas Mahadeo Potdar, Balkrishna Mahadeo Potdar, Sunil Suhas Potdar, Sudhir Suhas Potdar
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Nature of Litigation
Civil writ petition challenging the order allowing impleadment of applicants as defendants in a regular civil suit.
Remedy Sought
Petitioner sought to quash the order dated 22.10.2021 allowing impleadment of respondents as defendants in Regular Civil Suit No. 14 of 2005.
Filing Reason
Petitioner was aggrieved by the Trial Court's order allowing impleadment of applicants who claimed independent title and possession over the suit property.
Previous Decisions
Trial Court allowed the application for impleadment under Order I Rule 10 CPC on 22.10.2021.
Issues
Whether the applicants are necessary and proper parties to the suit under Order I Rule 10 CPC.
Whether the Trial Court's order allowing impleadment is legal and valid.
Submissions/Arguments
Petitioner argued that the applicants have no direct interest in the suit property and their impleadment would cause delay and prejudice.
Respondents argued that they have independent title and possession over the suit property and are necessary parties for effective adjudication.
Ratio Decidendi
The court held that applicants claiming independent title and possession over the suit property are necessary and proper parties under Order I Rule 10 CPC, as their presence is required for effective and complete adjudication of the suit and to avoid multiplicity of proceedings.
Judgment Excerpts
This Writ Petition challenges the legality and validity of the order dated 22.10.2021 passed below Exh. 243 in Regular Civil Suit No. 14 of 2005 passed by the Civil Judge, Junior Division, Aatpadi, District Sangli.
By the impugned order, Trial Court allowed the application and directed that the Applicants be added as Defendants in the Suit.
The applicants have a direct interest in the subject matter and their presence is necessary to avoid multiplicity of proceedings and to enable the court to effectually and completely adjudicate upon the issues involved.
Procedural History
Regular Civil Suit No. 14 of 2005 was filed by Mahadeo Potdar against his four sons. On 09.01.2018, respondents filed application Exh. 243 under Order I Rule 10 CPC seeking impleadment as defendants. Trial Court allowed the application on 22.10.2021. Petitioner filed Civil Writ Petition No. 721 of 2022 challenging the order. The High Court reserved judgment on 20.01.2023 and pronounced on 05.06.2023.
Acts & Sections
- Code of Civil Procedure, 1908: Order I, Rule 10
