Case Note & Summary
The appeal arose from an order dated 18th January 2019 passed by the learned Single Judge in Chamber Summons No. 1280 of 2018 in Suit No. 461 of 2010. The appellant, Ashok Dashrath Rana, had taken out the Chamber Summons seeking to implead himself as a party defendant in the suit instituted by the original plaintiff, Edit II Production (Binaifer Sanjay Kohli), against respondent nos. 2 to 5. The suit was for recovery of money and declaration of title. The appellant claimed that he had an agreement to sell in respect of the suit property and thus had a right to be heard. However, by the time the Chamber Summons was taken up for hearing, the suit had already been decreed and execution proceedings were pending. The learned Single Judge disposed of the Chamber Summons as infructuous. The appellant appealed against this order. The High Court, after hearing the parties, held that since the suit had been decreed, the Chamber Summons for impleadment had indeed become infructuous. The court noted that the appellant could still pursue his remedies in the execution proceedings or by way of a separate suit. The appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Impleadment of Parties - Order 1 Rule 10 of Code of Civil Procedure, 1908 - Chamber Summons for impleadment disposed as infructuous as suit already decreed - Appellant sought impleadment based on an agreement to sell, but the suit had been decreed and execution proceedings were pending - Held that the Chamber Summons had become infructuous as the suit was no longer pending and the appellant could pursue his remedies in execution proceedings (Paras 1-6).
Issue of Consideration
Whether the Chamber Summons for impleadment as a party defendant in a suit which has already been decreed and is pending execution can be said to have become infructuous.
Final Decision
The appeal is dismissed. The order of the learned Single Judge disposing of the Chamber Summons as infructuous is upheld. No order as to costs.
Law Points
- Order 1 Rule 10 CPC
- Impleadment of parties
- Right to be heard
- Suit decreed
- Execution proceedings
Case Details
2019 LawText (BOM) (06) 70
APPEAL (L) NO. 83 OF 2019 IN CHAMBER SUMMONS NO. 1280 OF 2018 IN SUIT NO. 461 OF 2010 WITH NOTICE OF MOTION (L) NO. 272 OF 2019
R. M. Borde, N. J. Jamadar
Mr. Amrut Joshi, I/b Mr. Vinay Bhorge, for the Appellant; Mr. Rohaan Cama, for the Respondent no.1.
Edit II Production (Binaifer Sanjay Kohli), Standard Chartered Bank, Shoeb Mohammed Taj Mohammed Shaikh, Mumtaj Shoeb Shaikh, Asif Rafique Shaikh
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Nature of Litigation
Appeal against order disposing Chamber Summons for impleadment as infructuous in a suit for recovery of money and declaration of title.
Remedy Sought
Appellant sought to set aside the order dated 18th January 2019 and to be impleaded as a party defendant in Suit No. 461 of 2010.
Filing Reason
The appellant claimed an agreement to sell in respect of the suit property and sought to be heard in the suit.
Previous Decisions
The learned Single Judge disposed of the Chamber Summons as infructuous on 18th January 2019.
Issues
Whether the Chamber Summons for impleadment became infructuous because the suit had been decreed and execution proceedings were pending.
Submissions/Arguments
Appellant argued that he had an agreement to sell and thus a right to be impleaded as a party defendant.
Respondent no.1 contended that the suit had already been decreed and the Chamber Summons had become infructuous.
Ratio Decidendi
A Chamber Summons for impleadment in a suit becomes infructuous if the suit has already been decreed and execution proceedings are pending, as the applicant can pursue remedies in execution or by separate suit.
Judgment Excerpts
This appeal is directed against a common order dated 18th January, 2019 passed by the learned Single Judge in a Chamber Summons No.1280 of 2018 alongwith an application on the praecipe, whereby the Chamber Summons taken out by the Appellant herein for impleading him as a party Defendant to Suit No.461 of 2010, instituted by Respondent no.1 herein against Respondent nos.2 to 5, came to be disposed of as infructuous.
Procedural History
Suit No. 461 of 2010 was filed by the original plaintiff (Respondent no.1) against Respondent nos. 2 to 5. The appellant filed Chamber Summons No. 1280 of 2018 seeking impleadment. The learned Single Judge disposed of the Chamber Summons as infructuous on 18th January 2019. The appellant filed the present appeal against that order.
Acts & Sections
- Code of Civil Procedure, 1908: Order 1 Rule 10
