Law: Civil Procedure Code (V of 1908)

Section: S.12(2),107,O.I,R.10,O.XLI,R.33,30,31

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),107,O.I,R.10,O.XLI,R.33,30,31

(a) Civil Procedure Code (V of 1908)-------O. I, R.10---Necessary party and proper party---Object, purpose and scope---Only those persons are necessary and proper party to proceedings, whose interests are under challenge in suit and without their presence matter cannot be decided on merits---Necessary party is one who ought to have been joined and in whose absence no effective decision can take place---Object of Order I, Rule 10, C.P.C. is to avoid multiplicity of proceedings and litigation and to ensure that all proper parties are before court for adjudication on merits---Once court comes to conclusion that a person applies for becoming a party is a necessary party then, court ought to pass order directing such person to be impleaded as party in proceedings. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.I, R.10---Suit for declaration---Necessary party---Stage of impleading---Petitioner filed application to be impleaded as party to proceedings before Lower Appellate Court---Lower Appellate Court dismissed application on the ground that applicant failed to file any proof of purchase of property in question from defendant and the application was filed at belated stage when had already been passed---Validity---Powers conferred upon court under Order I, Rule 10, C.P.C. could be exercised by Court at any time and any stage of proceedings, if presence of party was necessary to effectually and completely adjudicate upon and settle questions involved---Mere delay in making application was not sufficient to dismiss application without examining gist of right or claim compelled a party to move application for becoming a party to safeguard his right and interest---Petitioner claimed to be proper and necessary party on the basis of document produced by him, it would be in the interest of justice that a chance should have been afforded to him to submit the documents before Lower Appellate Court to decide the application under Order I, Rule 10, C.P.C.---High Court set aside the order passed by Lower Appellate Court and remanded the case to Lower Appellate Court to consider entire material produced by petitioner and to decide the…

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