Case Note & Summary
The petitioners, who are trustees and office bearers of Shree Beereswara (Channakeshwara) Swamy Seva Trust, filed a writ petition challenging the order of the Senior Civil Judge, Maddur, dated 28.02.2022, which rejected their application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (CPC) seeking to be impleaded as defendants in a suit filed by the temple (Shree Beereswara (Channakeshwara) Swamy Devaru Temple) against the trust and its members. The temple sought a declaration that it is the owner of the suit schedule properties and a permanent injunction restraining the trust from interfering with its possession. The petitioners contended that they are necessary parties as the suit directly affects the trust's management and properties, and their absence would lead to multiplicity of proceedings. The trial court rejected the application on the ground that the petitioners are not necessary parties as the suit is against the trust and its members. The High Court, after hearing arguments, held that the petitioners, being trustees and office bearers, have a direct interest in the subject matter and their presence is essential for effective adjudication. The court observed that the trial court's order was erroneous and that the petitioners are both necessary and proper parties under Order 1 Rule 10 CPC. The writ petition was allowed, the impugned order was set aside, and the trial court was directed to allow the impleadment application. The court also directed the trial court to expedite the suit and dispose it of within six months.
Headnote
A) Civil Procedure Code, 1908 - Order 1 Rule 10 - Impleadment of Necessary Party - Trustees and office bearers of a trust are necessary parties to a suit where the trust is a defendant and the relief sought affects the trust's management and properties - The trial court's rejection of impleadment was erroneous as the petitioners have a direct interest in the subject matter and their presence is essential for complete and effective adjudication (Paras 1-10). B) Civil Procedure Code, 1908 - Order 1 Rule 10 - Proper Party - Even if not strictly necessary, a person whose presence would avoid multiplicity of proceedings and enable the court to effectually and completely adjudicate the dispute should be joined - The petitioners, being trustees, are proper parties and their impleadment would serve the ends of justice (Paras 11-15).
Issue of Consideration
Whether the petitioners, who are trustees and office bearers of a trust, are necessary or proper parties to a suit for declaration and permanent injunction filed by the temple against the trust and its members, and whether the trial court erred in rejecting their application for impleadment.
Final Decision
The writ petition is allowed. The impugned order dated 28.02.2022 passed by the Senior Civil Judge, Maddur, is set aside. The trial court is directed to allow the application for impleadment filed by the petitioners under Order 1 Rule 10 CPC. The trial court is further directed to expedite the suit and dispose it of within six months from the date of receipt of the order.
Law Points
- Order 1 Rule 10 CPC
- necessary party
- proper party
- impleadment
- multiplicity of proceedings
- effective adjudication
