* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 27, 2015 % Judgment Delivered on: December 01, CM(M) 1155/2015.

Similar documents
*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:11 th December, Through: Mr Rajat Aneja, Advocate. Versus AND. CM (M)No.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision : 21 st August, 2015 CM(M) 208/2015

$~4 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:- 11 th April, 2018

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No.1167/2007 in CS(OS) No.2128/2006. Judgment Reserved on:

Mr. Anuj Aggarwal, Advocate. versus ABUL KALAM AZAD ISLAMIC AWAKENING CENTRE THROUGH. Through: Mr. M.A. Siddiqui, Advocate

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: WP(C) 687/2015 and CM No.1222/2015 VERSUS

* IN THE HIGH COURT OF DELHI AT NEW DELHI VERSUS

Lakshmi & Anr vs Rayyammal & Ors on 8 April, 2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9 TH DAY OF JULY 2014 BEFORE THE HON BLE MR. JUSTICE DILIP B BHOSALE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

$~9. * IN THE HIGH COURT OF DELHI AT NEW DELHI. % RSA 228/2015 and C.M. No.12883/2015. versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, Date of Judgment :

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2467/2015

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE FAO.No.301/2010 Reserved on: Decided on:

THE HIGH COURT OF SIKKIM: GANGTOK (Civil Extra Ordinary Jurisdiction)

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO(OS) No.534/2010 & CM Nos /2010. versus. % Date of Hearing : August 25, 2010

* HIGH COURT OF DELHI : NEW DELHI. 1. Sh. Hari Prakash Sharma (deceased) S/o Late Shri Kehar Singh Sharma, Through Legal Heirs.

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 16 th February, Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of Judgment: Ex. F. A. No.18/2010 & CM No /2010 YOGENDER KUMAR & ANOTHER.

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Delhi Rent Control Act R.C.REV.29/2012 Date of Decision: Versus

In the Court of Ms. Saloni Singh, Civil Judge 02, Patiala House Courts, New Delhi District, New Delhi.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.11249/2018 [Arising out of SLP (CIVIL) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No.137/2011. DATE OF DECISION : 4th March, 2011

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Dated of Reserve: July 21, Date of Order : September 05, 2008

J U D G M E N T A N D O R D E R (ORAL)

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + ARB.A. 5/2015 & IA 2340/2015 (for stay) versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. FAO.No.374/2010. Reserved on: Decided on:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Judgment reserved on: Judgment delivered on:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No(s) OF 2018 (Arising out of SLP(C)No(s) OF 2016)

Through: Mr. Deepak Khosla, Petitioner in person.

IN THE HIGH COURT OF DELHI AT NEW DELHI. CCP 55/2000, 1141/99 and 82/1999 IN CS (OS) 635/1992. Judgment delivered on:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : RECOVERY OF DAMAGES. C.R.P. No.365/2006 RESERVED ON : DATE OF DECISION:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF Surat Singh (Dead).Appellant(s) VERSUS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI REHABILITATION MINISTRY EMPLOYEES CO-OPERATIVE. versus

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Prasenjit Mandal, J.:

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CS(OS) No. 684/2004 % 8 th December, versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION. CM(M) No. 932/2007 and CM(M) No. 938/2007 RESERVED ON: 4.12.

IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: W.P.(C) 5568/2017 & CM No /2017

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE. Versus

M/s Kotak Mahindra Bank Ltd. Vs. Sewa Singh Dhiman. Sh. Mukesh Singh, AR of the DH in person. Sh. Varinder Singh, advocate for JD

* IN THE HIGH COURT OF DELHI AT NEW DELHI. versus CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R %

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2009 JHARKHAND STATE HOUSING BOARD APPELLANT

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERMANENT INJUNCTION. CS (OS) No.284/2012. Date of order:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION Judgment delivered on: CS(OS) 2318/2006

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2018 (Arising out of S.L.P.(C) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION Date of Judgment: RSA No.251/2008 & CM Nos.17860/2008 & 11828/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA(OS) No. 70/2008. Reserved on : December 12th, 2008

WITH CIVIL APPEAL NO.1692 OF 2016 (Arising Out of SLP (C) No of 2012) WITH CIVIL APPEAL NO.1693 OF 2016 (Arising Out of SLP (C) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE CM(M) No.887/2014 DATE OF DECISION : 25th September, 2014 VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN EVIDENCE ACT, CM(M) 374/2008 with CM Nos. 4286/2008 and 13305/2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BID. Writ Petition (Civil) No.8529 of Judgment reserved on: January 13, 2008

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO.3777 OF 2018 [Arising out of SLP (C) No of 2014]

IN THE HIGH COURT OF DELHI : NEW DELHI. SUBJECT : Bihar Shops and Establishment Act, W.P.(C) No. 5114/2005. Judgment decided on:

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Delhi Land Revenue Act, Reserved on: January 27, Pronounced on: February 22, 2012

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF 2017 M/S LION ENGINEERING CONSULTANTS VERSUS O R D E R

* HIGH COURT OF DELHI : NEW DELHI. CM (M) No. 1024/2010 & CM No /2010 (stay)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN EVIDENCE ACT, 1872 C.R.P. 589/1998. Date of Decision: 6th March, 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT :MOTOR ACCIDENT CLAIMS TRIBUNAL Date of Decision: 19th November, 2012 MAC. APP.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.M.C. No. 233/2014 Date of decision: 14th February, 2014.

IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Small Industries Development Bank of India ( SIDBI)

*IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P.(C) No.2037/1992 & CM No.3935/1992 (for interim relief). Versus

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 156/2014. versus

$~R-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI. versus

Through Mr. Atul Nigam, Mr. Amit Tiwari, Advs. versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment delivered on: CS(OS) 2248/2011

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT Date of Judgment: RC.REV. 522/2011 & CM Nos.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION J U D G M E N T

IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: I.A. No.13124/2011 in CS (OS) No.

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP 94 of 2017

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION. Date of Reserve: January 14, Date of Order: January 21, 2009

Versus. The Presiding Officer, Labour Court No.VI,... Respondents. Delhi and Anr. Through Ms.Amita Gupta, Advocate

* IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgment Reserved on: 11 th November 2009 Judgment Delivered on:18 th November 2009

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO. 462 OF 2018 (arising out of SLP(C) No of 2013)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION. CM No of 2005 in W.P. (C) No of 1987

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERPETUAL, MANDATORY INJUNCTION. Date of Judgment: CM(M) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CONSUMER PROTECTION ACT, Date of Decision: W.P.(C) 8285/2010 & C.M. No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NOS OF 2009 C.N. ANANTHARAM PETITIONER

IN THE HIGH COURT OF JHARKHAND AT RANCHI

[Abstract prepared by the PCT Legal Division (PCT )] Case Name: TRYTON MEDICAL INC. V. UNION OF INDIA & ORS.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF 2019 SPECIAL LEAVE PETITION (CIVIL) Nos OF 2015

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Judgment reserved on Judgment delivered on

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PARTNERSHIP ACT, Judgment Reserved on: Judgment Delivered on:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CONDONATION OF DELAY. W.P (C ) No /2006. Judgment reserved on: October 19, 2006

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

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgment delivered on:10 th September, 2015

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2009 SPECIAL LEAVE PETITION (CIVIL) NO.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 520 of 2005

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP 17 of 2017

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO. 880 OF 2019 (Arising out of SLP(C) No of 2006)

HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : JUSTICE MS.VANDANA KASREKAR WRIT PETITION NO.10703/2017

Through: Ms. Anjana Gosain and Mr. Roshan Lal Goel, Advocates for R-1 and 2

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO OF 2018 (Arising out of SLP(C) No of 2016) MOHD. SAHID AND OTHERS.Appellants VERSUS J U D G M E N T

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Reserved on: 18th May, 2012 Pronounced on:2nd July, 2012 FAO 398/2000

Transcription:

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 27, 2015 % Judgment Delivered on: December 01, 2015 + CM(M) 1155/2015 PURAN CHAND Through:... Petitioner Mr.Arun Kumar and Mr.Udit Goyal, Advocates. versus RAJ KUMAR & ORS Through: None.... Respondents CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J. CM(M) 1155/2015 1. The petitioner has invoked the extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India praying for setting aside the order dated 07.11.2015 whereby the application filed by the petitioner/plaintiff under Order I Rule 10 CPC for deleting the name of defendant No.3 has been dismissed by the learned Trial Court. 2. The impugned order dated 07.11.2015 reads as under: 07.11.2015 Present : Sh.Arun Kumar, counsel for the plaintiff. Sh.G.D.Sharma, counsel for defendant no.1 to 4. None for defendant no.5. CM(M) 1155/2015 Page 1 of 6

Reply to the application U/o 1 Rule 10 CPC on behalf of defendant no.1, 2 and 4 filed. Copy supplied. Arguments on the application U/o 1 Rule 10 r/w Section151 CPC filed by plaintiff heard. Record perused. It is submitted by counsel for the plaintiff that application U/o 1 Rule 10 CPC may kindly be allowed and defendant no.3 be deleted from the array of defendants. It is stated that plaintiff has filed the present suit for partition. That on enquiry from the relatives and defendant no.3 and other defendants, it came to the knowledge of the plaintiff that husband of defendant no.3 namely, Sh.Ram Chander was given on his demand, Cash by Smt.Yashoda Devi out of the sale proceed of her house in lieu of his share. It is stated that after getting the share in cash from Smt.Yashoda Devi, neither defendant no.3 nor her children have any rights in the suit property. In the reply, the application is strongly opposed by defendants. The submissions of the plaintiff are strongly denied and it is prayed that application may kindly be dismissed. The perusal of the record reveals that the plaintiff has filed the present suit for partition of the suit property. Both the parties have already led the evidence. Final arguments advanced by both the counsels already heard and matter was reserved for orders. At this stage, the plaintiff moved the present application. In the present case, trial is concluded, therefore, it is not fair to delete defendant No.3 from the array of parties. The reason mentored for deleting the name of defendant no.3 from the array of parties is a matter of fact which cannot be decided in CM(M) 1155/2015 Page 2 of 6

the application. The defendants have disputed the grounds of deleting the name of defendant no.3 from array of parties. In the present facts and circumstances, I am of the considered opinion that there is no justified ground to delete the name of defendant no.3 from the array of parties at this stage under the provisions of Order I Rule 10 CPC. Accordingly, application is dismissed. Final arguments already heard. Put up for orders on 17.11.2015. 3. The principles governing impleadment as well who is a necessary and proper party, have come up for consideration before the Supreme Court in Mumbai International Airport Pvt. Ltd. vs. Regency Convention Centre and Hotels Pvt. Ltd. & Ors. (2010) 7 SCC 417 wherein it was held as under : 8. The general rule in regard to impleadment of parties is that the plaintiff in a suit, being dominus litis, may choose the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief. Consequently, a person who is not a party has no right to be impleaded against the wishes of the plaintiff. But this general rule is subject to the provisions of Order I Rule 10(2) of Code of Civil Procedure (`Code' for short), which provides for impleadment of proper or necessary parties. The said sub-rule is extracted below: Court may strike out or add parties. (2) The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as CM(M) 1155/2015 Page 3 of 6

may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. The said provision makes it clear that a court may, at any stage of the proceedings (including suits for specific performance), either upon or even without any application, and on such terms as may appear to it to be just, direct that any of the following persons may be added as a party: (a) any person who ought to have been joined as plaintiff or defendant, but not added; or (b) any person whose presence before the court may be necessary in order to enable the court to effectively and completely adjudicate upon and settle the question involved in the suit. In short, the court is given the discretion to add as a party, any person who is found to be a necessary party or proper party. A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court. If a `necessary party' is not impleaded, the suit itself is liable to be dismissed. A `proper party' is a party who, though not a necessary party, is a person whose presence would enable the court to completely, effectively and adequately adjudicate upon all matters in disputes in the suit, though he need not be a person in favour of or against whom the decree is to be made. If a person is not found to be a proper or necessary party, the court has no jurisdiction to implead him, against the wishes of the plaintiff. 4. The grievance of the petitioner is that in a suit for partition if the name of defendant No.3 is deleted the remaining party will get 1/5 th share, otherwise it will come down to 1/6 th share. It has been further submitted by learned counsel CM(M) 1155/2015 Page 4 of 6

for the petitioner that since defendant No.3 had already taken her share as is clear from the affidavit, copy of which is placed on record at page No.24, hence her name should have been deleted from the array of parties. 5. The suit filed by the petitioner/plaintiff seeking the relief of partition is pending before the Court which has to be decided by the learned Trial Court on the basis of evidence adduced before it. The affidavit allegedly sworn by Smt.Gyasi Devi/defendant No.3 regarding receiving the share of her husband in cash is a question of fact to be decided by the learned trial Court and not by this Court in exercise of its jurisdiction vested under Article 227 of the Constitution of India. 6. The scope of power of this Court under Article 227 of the Constitution is not in the nature of appellate jurisdiction and so, the extent and scope of power with this Court is limited and restrictive in nature, and in the normal circumstance, it is exercised where there is want of jurisdiction, error of law or perverse findings by the trial Court. Such power is to be exercised to keep the subordinate court within limits of their jurisdiction and authority and it is not to act as an Appellate Court for correcting the decisions of the subordinate courts. This court would not substitute its opinion or interfere with the findings of the facts of the trial Court, if there was no infirmity or perversity. Thus, in the absence of there being any material illegality or perversity, the order of the court below is not to be faulted with or interfered with by this court in its supervisory power under Article 227. 7. Finding no illegality or perversity in the impugned order, the petition is dismissed. CM(M) 1155/2015 Page 5 of 6

8. No costs. CM No28181/2015 Dismissed as infructuous. DECEMBER 01, 2015 st (PRATIBHA RANI) JUDGE CM(M) 1155/2015 Page 6 of 6