Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 4757 of 2018 Petitioner :- Sanjeev Kumar Agarwal Respondent :- Smt. Manorma Agarwal And Another Counsel for Petitioner :- Sanjay Kumar Singh,Alok Kumar Gupta Counsel for Respondent :- Ramadhin
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned counsel for the caveator-respondents 1 and 2.
The instant writ petition is directed against the order dated 11.04.2018 passed by the Civil Judge (S.D.) Allahabad in Original Suit No. 1191 of 2012 and the order dated 30.05.2018 passed in Civil Revision No. 79 of 2018, whereby the order of the trial Court has been affirmed by the revisional Court.
It appears that the plaintiff-petitioner filed a suit for cancellation of a Will dated 21.02.2006. During the pendency of the suit, property which was subject matter of the Will in question was transferred by the petitioner in favour of third parties.
An application was filed by the defendant-respondent, which allegedly prayed for impleadment of the vendors, as parties in the suit.
It is contended that the trial Court wrongly allowed this application by impleading the vendees, even though no such prayer had been made in the application.
It is next contended that this application in any case, should not have been entertained, as it was not supported by an affidavit. The revisional Court has also committed illegality in ignoring these aspects of the matter, which had resulted in an illegal order being passed by the trial Court.
Counsel appearing for the caveator-respondent has supported the impugned order.
Upon a consideration of the submissions made and upon a perusal of the record, this Court finds that the provisions of Order 1 Rule 10 CPC enable a Court even suo moto, to implead any party to a suit or proceeding, where the Court is of the opinion that the presence of such a party is necessary for the complete and effective disposal of the suit/proceedings.
It is not in dispute that the sale deed by the petitioner-plaintiff is of property, which was subject matter of the suit or at least the will, cancellation whereof, is sought the suit.
Under the circumstances, if the transferees pendente-lite have been ordered to be impleaded by the trial Court on a finding that their presence is required for the full and complete adjudication of the controversy involved in the suit, I do not find any illegality either in the order of the trial Court or in the revisional order, which affirms the order passed by the trial Court.
For the same reason, this writ petition is found to be devoid of substance and is accordingly dismissed.
Order Date :- 27.8.2018 Mayank