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Application under Order 1, Rule 10, C.P.C. for adding parties in a Civil Writ Petition. Analysis: The judgment pertains to an application filed under Order 1, Rule 10, C.P.C. seeking to add parties in a Civil Writ Petition. The applicants, who had purchased land from one of the petitioners, sought to be added as co-respondents in the writ petition. They claimed that the writ petitioners were colluding and not recognizing their ownership and possession of the land. The respondents, however, contended that the applicants had no right to be parties as they purchased the land during the ongoing litigation and were bound by the principle of lis pendens. Respondent No. 5 argued that the application was filed with mala fide intentions to harass and delay the proceedings. The court considered the arguments presented by all parties and analyzed the necessity of adding the applicants as parties in the writ petition. The court observed that Order 1, Rule 10(2), C.P.C. allows for adding parties if their presence is necessary for the effective adjudication of all questions involved in the suit. While the applicants claimed interest in the land purchased from one of the petitioners, the court found that their presence was not essential for resolving the main issues of the writ petition. The court emphasized that a person cannot be added as a party solely to avoid multiplicity of litigation. It was noted that the applicants' interests were derivative of the petitioner from whom they purchased the land, and any decision affecting the petitioner would bind the applicants as well. The court clarified that the applicants did not become necessary or proper parties based on their claims of interest in the property subject to partition. Citing legal precedents, the court highlighted the distinction between necessary and proper parties in a suit. It emphasized that a necessary party is crucial for the effective determination of the subject matter, while a proper party's presence aids in providing relief and shortening the litigation process. The court referred to previous judgments to support its decision that the applicants, as purchasers during the pendency of the suit, were neither necessary nor proper parties for the adjudication of the main issues concerning the title to the property. Ultimately, the court dismissed the application under Order 1, Rule 10, C.P.C., concluding that it lacked merit, and directed the parties to bear their own costs. The judgment made it clear that the decision did not reflect an opinion on the merits of the case, as the application was dismissed. In conclusion, the judgment provides a detailed analysis of the legal principles governing the addition of parties in a Civil Writ Petition under Order 1, Rule 10, C.P.C. It underscores the importance of distinguishing between necessary and proper parties and emphasizes that the presence of a party must be essential for effectively adjudicating the issues raised in the suit. The court's decision in this case illustrates a careful consideration of the facts and legal arguments presented by all parties involved.
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