SHASHI KANDHARI Vs. AVINESH KANDHARI

JUDGEMENT

(1.) THIS is an application made by Smt. Rita Oberoi under the provisions of Order 1 Rule 10 CPC for being impleaded as defendant in the suit for partition of the properties of the parents of the applicant in which the applicant also claim right to the extent of 1/6th undivided share being co -owner of the said properties. It is stated in the application that the applicant is a necessary party in the matter and the suit can not be effectively adjudicated in her absence and if adjudicated shall be detrimental to her interest as she will be vitally effected in the outcome of the decision being the co -owner of the suit property.

(2.) THIS application has been opposed and the reply thereto has been filed by the defendants stating therein that the property never belonged to the parents of the applicant and that the applicant has no interest or share in the said property. According to the defendants, the applicant has no right, title or interest in any of the suit properties and the application is liable to be dismissed being misconceived, frivolous and made with a view to case delay of suit and that she is neither a necessary party nor a proper party.

(3.) ON the contrary learned counsel for the plaintiff, to repel the arguments advanced by learned counsel for the applicant referred to an authority one reported in : Punjab Law Reporter 1986 303 titled Rohi Ram and Ors. Versus Mukhtiar Kaur and others, and another authority of Madras High Court reported in : AIR 1963 Madras 480.