Case Note & Summary
The petitioners, tenants of the ground floor of a property, filed Regular Civil Suit No.418 of 2023 challenging a notice dated 10/03/2023 issued by the Assistant Commissioner under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The respondent No.3, the owner of the property, filed an application for impleadment (Ex.19) which was allowed by the trial court on 21/11/2023. The petitioners challenged this order by way of a writ petition. The High Court held that the owner is a necessary party because the notice under Section 53(1) of the MRTP Act is issued to the owner and any order passed in the suit would directly affect the owner's rights. The court found no error in the trial court's order and dismissed the petition.
Headnote
A) Civil Procedure Code, 1908 - Order I Rule 10(2) - Impleadment - Necessary Party - Property Owner - In a suit by a tenant challenging a notice under Section 53(1) of the MRTP Act, the owner of the property is a necessary party as the notice directly affects the owner's rights and any order passed would be binding on the owner. The trial court's order allowing impleadment was upheld. (Paras 3-5)
Issue of Consideration
Whether the owner of the property is a necessary and proper party to a suit filed by a tenant challenging a notice issued under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order allowing impleadment of the property owner.
Law Points
- Order I Rule 10(2) CPC
- necessary party
- impleadment
- property owner
- tenant
- MRTP Act
- demolition notice
Case Details
2023 LawText (BOM) (12) 159
Writ Petition No. 8148 of 2023
Mr. Karan Singh Gour (for petitioners), Mr. J.B. Kasat (for respondents-Corporation), Mr. R. Vaidya (for respondent No.3)
Kamal s/o Rambalak Verma and Prashant s/o Suresh Jaiswal
Nagpur Municipal Corporation, Assistant Commissioner, Laxmi Nagar Zone No.1, and Mohan s/o Laxmanrao Samarth (Intervenor)
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Nature of Litigation
Writ petition challenging the trial court's order allowing impleadment of the property owner in a suit filed by tenants challenging a notice under Section 53(1) of the MRTP Act.
Remedy Sought
Petitioners sought to set aside the order dated 21/11/2023 allowing impleadment of respondent No.3.
Filing Reason
The petitioners, as tenants, challenged a notice issued under Section 53(1) of the MRTP Act and opposed the impleadment of the property owner.
Previous Decisions
The trial court allowed the impleadment application (Ex.19) by order dated 21/11/2023.
Issues
Whether the property owner is a necessary party to the suit filed by the tenant challenging a notice under Section 53(1) of the MRTP Act.
Submissions/Arguments
Petitioners argued that the impugned order did not consider the parameters of Order I Rule 10(2) CPC.
Respondent No.3 (owner) sought impleadment as the notice directly affects his rights.
Ratio Decidendi
The owner of the property is a necessary party to a suit challenging a notice under Section 53(1) of the MRTP Act because the notice is issued to the owner and any order passed in the suit would directly affect the owner's rights. The trial court's order allowing impleadment was proper and does not warrant interference.
Judgment Excerpts
In a suit filed by the petitioners, i.e. Regular Civil Suit No.418 of 2023, challenging the notice dated 10/03/2023 (pg.38) issued by the respondent No.2 under section 53(1) of the Maharashtra Regional and Town Planning Act...
Mr. Gour, learned counsel for the petitioners, submits that the impugned order is unjustified inasmuch as, it does not consider the parameters of Order I Rule 10(2) of the CPC.
Procedural History
The petitioners filed Regular Civil Suit No.418 of 2023 challenging a notice under Section 53(1) of the MRTP Act. Respondent No.3 filed an application for impleadment (Ex.19) which was allowed by the trial court on 21/11/2023. The petitioners challenged this order by filing Writ Petition No.8148 of 2023 before the High Court.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 53(1)
- Code of Civil Procedure, 1908: Order I Rule 10(2)
