Constitution of India — Article 227 — Supervisory jurisdiction — Interference with order refusing impleadment — Scope —
Civil Revision Petition filed challenging order of trial Court dismissing application for impleadment of proposed defendant in suit for cancellation of gift deed and permanent injunction — Trial Court held that proposed party was neither necessary nor proper party — Held, order does not suffer from any illegality, perversity or jurisdictional error — Interference under Article 227 not warranted.
(Paras 5, 8–9)
Civil Procedure Code, 1908 — Order I Rule 10 — Impleadment of parties — Necessary and proper party — Test —
Held, a party can be impleaded only if he is a necessary or proper party to the suit — A necessary party is one without whom no effective decree can be passed, and a proper party is one whose presence is required for complete and effective adjudication — Where no relief is claimed against proposed party and no cause of action is pleaded, such party cannot be impleaded.
(Paras 6–7)
Suit for cancellation of gift deed — Parties — Scope —
Held, in a suit for cancellation of a gift deed, only parties to the document or persons claiming under them are necessary parties — A third person not connected with execution or benefit of the document is neither necessary nor proper party.
(Para 6)
Suit for injunction — Necessary parties —
Held, in a suit for injunction, only those persons against whom interference is alleged and against whom cause of action is disclosed are necessary parties — Absence of pleadings alleging interference by proposed party disentitles impleadment.
(Para 7)
Pleadings — Absence of cause of action — Effect on impleadment —
Held, where plaint does not disclose any cause of action against proposed defendant and no amendment is sought to introduce such plea, impleadment application is liable to be rejected.
(Para 7)
Directions / Result —
Held, Civil Revision Petition dismissed — Order refusing impleadment confirmed.
(Para 9)
RATIO DECIDENDI
Impleadment of a party under Order I Rule 10 CPC is permissible only when such party is necessary or proper to the adjudication of the dispute, and where no relief is claimed, no cause of action is pleaded, and the proposed party has no connection with the subject matter of the suit, refusal to implead does not warrant interference under Article 227.
