Law: Civil Procedure Code (V of 1908)

Section: 151

Civil Procedure Code (V of 1908) ----OA, R.10 & S. 151--- Applicant's prayer to be joined as a party in pending suit---Applicant claimed that subject-matter of the present suit and earlier suit filed by him against plaintiff was the same--- Party could be added to pending suit if it was necessary in order to enable the Court effectually and completely, to adjudicate upon and settle all questions involved in suit--- While considering questions involved in suit, between plaintiff and defendant, if Court was of opinion that presence of intervenor would be necessary to adjudicate upon such questions, effectually and completely, he could be made party to suit--- Questions which could arise between parties to suit and third party could not be considered for allowing application under 0.1, R.10, C.P.C.---Limited controversy between plaintiff and defendant with regard to completion of existing structure in a pending suit could be adjudicated upon effectually and completely, for which presence of intervenor/applicant would not be necessary---Applicant Was, thus, neither necessary nor proper patty to suit. Altaf Parekh v. Delments Construction Company 1997 CLC 700 and B. Somaiah and another v. Smt. Amina Begum AIR 1976 Andh. Yra. 1982 ref. Muhammad Sharif for Plaintiff Mirza Saeed Baig for lntervenor/Applicant Iqbal Memon for Defendant Date of hearing: 5th August, 1997 ORDER This is an application under Order 1, Rule 10, C.P.C. read with section 151, C.P.C. filed by the Intervenor/Applicant with the prayer that the applicant/intervenor may be joined as a party in the suit. I have heard the learned counsel appearing for the parties. Mr. Saeed Baig contended that tire Intervenor has already filed a suit bearing No.684 of 1993 in respect of the property in question. He further states that there were several cases filed against each other in different Courts and all the cases were settled by way of compromise.  The  plaintiff  violated  terms  of  the  compromise  and  the   Intervenor/Applicant had to file Suit No.684 of 1993 against the plaintiff and the present defendant being defendant No.6 in that suit. The…