MANOHAR LAL Vs. RICHHPAL

JUDGEMENT

(1.) LA. NO. 94/88. This is an application under Order I Rule 10(2) Civil Procedure Code filed by Shri Sanjiv Kumar, through his mother and next friend Smt. Manohar Devi, praying for impleading him as a party to the suit being a coparcener to the Hindu Undivided Family property and on the basis of the principle 'every coparcener is entitled to a share upon partition'.

(2.) The applicant is the son of the defendant No. 2, Shri Babu Lal, who appeared in the suit and contested the same all throughout. According to the applicant, since the suit property is a coparcenery property, every coparcener is entitled to a share on partition and, therefore, the applicant being one of such coparceners, he is required to be impleaded as one of the parties in the suit.

(3.) Counsel appearing for the applicant stated that the applicant being admittedly one of the coparceners is entitled to safeguard his interest and should be allowed to be joined in the present proceedings. His further submission was that without impleading him as one of the party defendants in the present suit, the plaintiff was not entitled to any relief in the suit itself.