NAZRA KHATOON Vs. MOHD. ZAFAR

JUDGEMENT

(1.) Petitioner/plaintiff has assailed order dtd. 10/9/2025 of the learned trial court, whereby her application under Order I Rule 10 CPC in order to implead a stranger as a party in the partition suit was dismissed by the learned trial court. Having heard learned counsel for petitioner/plaintiff, I do not find it a fit case to even issue notice.

(2.) Broadly speaking, the petitioner/plaintiff filed a suit for partition and permanent injunction pertaining to the estate left behind by late Ms. Sahiba, predecessor-in-interest of the petitioner/plaintiff and the defendants. During pendency of the suit, the petitioner/plaintiff filed an application under Order I Rule 10 CPC seeking to implead a stranger, Toheed, as defendant no.6 in the suit. The petitioner/plaintiff claimed that on 18/9/2024, she came to know that Toheed had forcibly taken possession of the subject property, claiming to have purchased the same from defendant no.1. After some altercation with Toheed, the petitioner/plaintiff also lodged a complaint with the local police. With this backdrop, the petitioner/plaintiff claimed that Toheed is a necessary party to the suit.

(3.) The only contention raised by learned counsel for petitioner/plaintiff is that, according to settled legal position, any person who is a necessary party has to be impleaded in the suit by invoking jurisdiction under Order I Rule 10 CPC.