Dismissed

Raj Kumar Agarwalla v. Amita Shah and 2 Ors.

Gauhati HC15 Feb 2019CRP/53/2017

Case brief

AI extract

What is this about?

This revision petition challenging a Trial Court order rejecting an application for impleadment was dismissed as infructuous. The underlying suit had already settled via a compromise decree, rendering earlier orders merged and thus non-maintainable for fresh challenge. Quashed: no, the petition itself was dismissed.

What did the court decide?

The revision petition against the Trial Court order dated 24.01.2017 has been dismissed as infructuous due to the compromise decree in the underlying suit.

Raj Kumar Agarwalla Vs Amita Shah and 2 Ors. — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010012572017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : CRP 53/2017

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1:RAJ KUMAR AGARWALLA

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S/O LT. NIRMAL KUMAR AGARWALLA, R/O G.N.B. ROAD, TINSUKIA, DIST. TINSUKIA, ASSAM.

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VERSUS

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1:AMITA SHAH and 2 ORS. W/O SRI PRAKASH SHAH

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2:SMT. SABITA SHAH

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W/O SRI MANOJ KUMAR SHAH BOTH ARE RESIDENTS OF RANGAGORA ROAD TINSUKIA TOWN P.O. P.S. and DIST. TINSUKIA ASSAM- 786125.

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3:SRI BIMAL KUMAR AGARWALLA S/O LT. KHUBCHAND AGARWALLA R/O BANSHIDHAR ROAD TINSUKIA TOWN P.O. P.S. and DIST. TINSUKIA ASSAM PIN- 786126

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Advocate for the Petitioner : MS.N PODDAR

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Advocate for the Respondent : MR. D MAZUMDARR-

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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 15-02-2019

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Page No.# 2/2

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Heard Mr. G.N. Sahewalla, learned Sr. Counsel for the petitioner and Mr. D. Majumdar, learned Sr. Counsel for the respondents. As agreed to by the learned counsels for both the parties, this matter is taken up for disposal at the admission stage itself.

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The respondents No. 1 & 2 filed a suit being Title Suit No. 23/2012 against the respondent No. 3 for specific performance of contract, in respect of the property involved in the said suit. During the pendency of the suit, the present petitioner filed an application under Order 1 Rule 10(2) CPC, praying to be impleaded in the suit, alleging that he has vital interest in the suit property and unless the suit is decided in his presence, the petitioner would be prejudiced. Learned Trial Court by the impugned order rejected the impleadment petition. Aggrieved by the said order dated 24.012017, whereby the learned Trial Court rejected the application filed by the petitioner for impleadment, preferred the present revision petition.

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In the meantime, the parties to the said T.S. No. 23/2012 amicably settled the matter and filed a petition for compromise decree and eventually a compromise decree was passed on 30.01.2017 and therefore no suit is pending as on date.

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Learned Sr. Counsel Mr. Dilip Majumdar submits that as the suit is decreed, the order dated 24.01.2017 stood merged with the decree and as such, the present revision petition has become infructuous. The submission of Mr. Majumdar appears to be preponderous, because, when the decree has already been passed in the suit, necessarily all other orders passed during pendency of the suit stood merged with the decree. In view of the above situation, this revision petition, in my considered view, has become infructuous and as such, the petitioner cannot get any relief, unless the decree itself is challenged in appropriate forum.

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Being of the above view, this revision petition is dismissed and stands disposed of. Interim order, if any, passed in this proceeding stands vacated.

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JUDGE

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Comparing Assistant

Raj Kumar Agarwalla v. Amita Shah and 2 Ors.

Case brief

What is this about?

What did the court decide?

Raj Kumar Agarwalla v. Amita Shah and 2 Ors.

Case brief

What is this about?

What did the court decide?

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