Case Note & Summary
The petitioner, Dattatraya S/o Laxman Anandkar, filed a writ petition challenging the order of the Civil Judge, Junior Division, Shrigonda, dated 30/09/2013, rejecting his application (Exh.29) under Order 1 Rule 10 of the Code of Civil Procedure, 1908, in Regular Civil Suit No.121/2009. The suit was filed by respondent No.1, Mohan S/o Laxman Anandkar, seeking partition and separate possession of ancestral property. The petitioner claimed that he had purchased 1 hectare and 20 R in Gat No.438/1 (Old Gat No.440) from the original defendant No.2, Yamunabai (respondent No.2 herein), and thus had a direct interest in the suit property. The trial court rejected the application on the ground that the petitioner was not a necessary party. The High Court, after hearing the parties, observed that the petitioner's presence was necessary for the complete and effective adjudication of the suit, as his rights over the property would be affected by the partition decree. The court set aside the impugned order and directed the trial court to allow the petitioner to be impleaded as a party to the suit. The writ petition was allowed with no order as to costs.
Headnote
A) Civil Procedure Code - Order 1 Rule 10 - Impleadment of Necessary Party - Partition Suit - The petitioner sought impleadment in a partition suit claiming to be a necessary party as he had purchased part of the suit property. The trial court rejected the application. The High Court held that the petitioner's presence is necessary for effective adjudication of the suit and allowed the petition, setting aside the trial court's order. (Paras 5-10)
Issue of Consideration
Whether the petitioner, who claims to be a necessary party in a partition suit, is entitled to be impleaded under Order 1 Rule 10 of the Code of Civil Procedure, 1908.
Final Decision
The writ petition is allowed. The impugned order dated 30/09/2013 passed by the Civil Judge, Junior Division, Shrigonda, below Exh.29 in RCS No.121/2009 is set aside. The trial court is directed to allow the petitioner to be impleaded as a party to the suit. No order as to costs.
Law Points
- Order 1 Rule 10 CPC
- necessary party
- partition suit
- right to be heard
- impleadment
