Ashok Prasad Azad v. Sumitra Devi
Case brief
What is this about?
Impleadment of defendants; necessary and proper party; Order 1 Rule 10(2) r/w Section 151 CPC; rejection of impleadment upheld where presence not necessary for adjudication and application moved mala fide at execution stage after partition suit attained finality in second appeal (orders dated 04.04.2016 affirming trial and first appellate courts); non-joinder of parties issue decided in favour of plaintiffs; claimant alleging denial of earlier partition between branches may institute independent suit; Title Partition Suit No. 06 of 1999; Sub Judge-I, Barh (Patna); Plot Nos. 1119, 2065, 2064; descendants of common ancestor; Patna High Court C.Misc. No.755 of 2024; petition dismissed; impugned order dated 05.08.2023 affirmed.
What did the court decide?
Impleadment of a party under Order 1 Rule 10(2) CPC lies in the wisdom of the court at any stage of the proceedings, and is permissible only where the court finds that the impleadment is necessary to effectually and completely decide the matter between the parties.