GANGOTHRI EDUCATION TRUST REP. BY ITS PRESIDENT, SRI. M GIRIGOWDA, S/O LATE SRI VENKATARAMAIAH Vs. SRI ANAND N. SUVARNA S/O LATE SRI NANJANNA AND THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) THE rejection of the Petitioner's I.A. under Order 1 Rule 10 Code of Code of Civil Procedure seeking to be impleaded as proper and necessary party - Defendant in O.S. No. 26155/2009 by order dated 15.12.2010 of the 28th Addl. City Civil Judge, Mayo Hall Unit, Bangalore, is called in question in this petition.

(2.) THE suit instituted by the 1st Respondent, arraigning the 2nd Respondent as Defendant is for a declaration that the repair work undertaken in the suit schedule property requires no plan under the Building Bye -laws and for a perpetual injunction restraining the Defendant from demolishing any portion of the suit schedule building and not to interfere with the peaceful possession and enjoyment of the said property. The Petitioner, the 1st Respondent's neighbour is said to have addressed a complaint to the 2nd Respondent - BBMP over the unauthorised construction whence the 2nd Respondent, in compliance with this Court's order dated 4.6.2009 in W.P. No. 13805/2009 Annexure -"A" instituted by the Petitioner, initiated action under Section 321 of the Karnataka Municipal Corporation Act, 1964 by issuing a notice to the 1st Respondent over the alleged unauthorised construction, the foundation to institute O.S. No. 26155/2009. The Petitioner being a facilitator, sought to implead himself as a party -Defendant in the said suit by filing I.A. under Order 1 Rule 10(2) Code of Civil Procedure.

(3.) IT is elsewhere said that a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on a question involved in the proceeding. The addition of parties is generally not a question of initial jurisdiction of the Court but of a judicial discretion which has to be exercised in view of all the facts and circumstances of a particular case. The person to be joined must be one whose presence is necessary as a party. What makes a person a necessary party is not merely that he has relevant evidence to give on some of the questions involved; that would only make him a necessary witness. It is not. merely that he has an interest in the correct solution of some question involved and has thought of relevant arguments to advance. Viewed in the aforesaid light, the Petitioner is not a necessary and proper party to the lis brought before the Trial Court in the original suit. Petition devoid of merit, is rejected.