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TMI Blog2016 (2) TMI 1381X X X X Extracts X X X X X X X X Extracts X X X X ..... ively and properly adjudicate upon all the matters and issues, though he may not be a person in favour of or against whom a decree is to be made'. So, even if no relief is claimed against a person but, if his presence would enable the Court to completely, effectively and properly adjudicate upon all the matters involved in the suit, he will be considered to be a proper party and got impleaded as a defendant in the suit. In the instant case also respondent no.4-Ranvir Singh has raised certain issues which requires his presence to enable the Court to completely, effectively and properly adjudicate upon all the matters in issue. Though, no relief has been claimed in the suit against him. But, certainly his rights are likely to be effected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contract between the petitioner-plaintiff and respondent no.4-Ranvir Singh. 3. He contended that a person can only be impleaded as a party to the suit, if, he is a necessary party and in his absence no decree can be passed. He further contended that in the instant case the presence of respondent no.4 is not required to decide the matter in controversy between the petitioner and respondents no.1 to 3. Thus, he was not a necessary party to the suit and the application filed by him has been wrongly allowed by the learned trial Court vide impugned order dated 30.10.2015. To support his contentions, he has relied upon cases, Krishan Lal Vs. Tek Chand 1986 (2) PLR 616, Kasturi Vs. Iyyamperumal Ors. 2005(2) R.C.R (Civil) 691 and Ramesh Chandra Pat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uilders Investors P. Ltd and others 2013(2) R.C.R (Civil) 875, the Hon'ble Apex Court has laid down as under:- 22. In the case of Vidhur Impex (supra), the Supreme Court again had the opportunity to consider all the earlier judgments. The fact of the case was that a suit for specific performance of agreement was filed. The appellants and Bhagwati Developers though totally strangers to the agreement, came into picture only when all the respondents entered into a clandestine transaction with the appellants for sale of the property and executed an agreement of sale which was followed by sale deed. Taking note all the earlier decisions, the Court laid down the broad principles governing the disposal of application for impleadment. Paragraph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the suit property in violation of the restraint order passed by the Court or the Application is unduly delayed then the Court will be fully justified in declining the prayer for impleadment. 8. It was further laid down as under:- 28. From the bare reading of the aforesaid provision, it is manifest that sub-rule (2) of Rule 10 gives a wider discretion to the Court to meet every case or defect of a party and to proceed with a person who is a either necessary party or a proper party whose presence in the Court is essential for effective determination of the issues involved in the suit. As per the aforesaid ration of law laid down by the Hon'ble Apex Court, 'a proper party is the person whose presence would enable the Court to complet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of arguments that respondent no. 4-Ranvir Singh has also filed a suit for specific performance on the basis of agreement to sell dated 12.08.2006, wherein he has impleaded the present petitioner as well as her mother (respondent no.1-Smt. Mewa) as a party to that suit. It is also not disputed that the same land/property is involved in both the suits. So, either of the party can make a request to the learned trial Court to consider the feasibility of consolidating both the suits in order to avoid any complication and conflicting findings 12. Thus, I do not find any illegality in the impugned order calling for interference by this Court while exercising the supervisory powers under Article 227 of the Constitution of India. 13. Resultan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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