REGENT COMPUTRONICS PVT. LTD.

UMA SHANKER Appellant

V/S

SALIG RAM Respondents

Referred Judgements :-

RICHARDSON V. ROBERTSON [REFERRED TO]
JAGADINDRA NATH V. HEMANTA KUMARI DEBI [REFERRED TO]
MANOHARI V. MUHAMMAD ISMAIL [REFERRED TO]
COLLECTOR OF POONA V. BAI CHAMCHALBAI [REFERRED TO]
GHAZAFFAR HUSAIN KHAN V. YAWAR HUSAIN [REFERRED TO]
VENKATESHA MALLIA V. B. RAMAYYA HEGADE [REFERRED TO]
RAGHAVALU V. SITAMMA [REFERRED TO]
RAMRUP GOSHAIN V. RAMDHARI BHAGAT [REFERRED TO]
DARSHAN LAL V. SHIBJI MAHARAJ BIRAJMAN [REFERRED TO]
S. B. PESHWE V. L. T. PURANDARE [REFERRED TO]
RAJA ANAND RAO V. RAMDAS DADURAM [REFERRED TO]
GOPALAKRISHNIER V. GANAPATHY AIYAR [REFERRED TO]
NIZAM ALI HAQ V. MUHAMMAD ISHAQ [REFERRED TO]
VENKATARAMANA V. KASTURIRANGA [REFERRED TO]
KIDAR NATH DATT V. KISHAN DAS BAIRAGI [REFERRED TO]
JESSINGBHAI V. JIVATLAL [REFERRED TO]
MANAGING COMMITTEE OF SYED SALAR ENDOWMENT BAHRAICH V. HAKIM MOHD. AHSAN [REFERRED TO]
RATAN SEN V. SURAJ BHAN [REFERRED TO]
GOBINDA CHANDRA V. ABDUL MAJID [REFERRED TO]
BAPUGOUDA YADGOUDA V. VINAYAK SADASHIV [REFERRED TO]
MT. ALI BEGAM V. BADRA-UL-ISLARN ALI KHAN [REFERRED TO]
ANJANEYA SASTRI V. KOTHANDAPANI CHETTIAR [REFERRED TO]
MT. PREMO V. SHEO NATH [REFERRED TO]
D. PO. MIN JOHNSON V. U. OGH [REFERRED TO]
PITCHAYYA V. VENKATAKRISHNAMACHARLU [REFERRED TO]
MADHAVRAO ANANDRAO V. SHRI OMKARESHVAR GHAT [REFERRED TO]
ABDUL RAHIM V. ABU MAHOMED BARKAT ALI [REFERRED TO]
ERALAPPA MUDALIAR V. BALKRISHNIAH [REFERRED TO]
VARADAPRASADA RAO V. GOPALACHRL [REFERRED TO]
LACHMAN PRASAD V. MUNIA [REFERRED TO]
RUSTAM KHAN V. AHMAD BUX [REFERRED TO]
ANGURBALS MULLICK VS. DEBABRATA MULLICK [REFERRED TO]
PRAGDASJI GURU BHAGWANDASJI VS. ISHWARLALBHAI NARSIBHAI [REFERRED TO]
COMMISSIONER HINDU RELIGIOUS ENDOW MENTS MADRAS VS. LAKSHMINDRA THIRTHA SWAMIAR OF SHIRUR MUTT [REFERRED TO]
FRUIT AND VEGETABLE MERCHANTS UNION VS. DELHI IMPROVEMENT TRUST [REFERRED TO]
BISHWANATH VS. THAKUR RADHA BALLABHJI [REFERRED TO]
NARAIN LAL VS. SETH SUNDERLAL THOLIA JORHI DEAD [REFERRED TO]
HARENDRA NATH BHATTACHARYA VS. KALIRAM DAS DEAD [REFERRED TO]
JANKI PRASAD VS. KUBER SINGH [REFERRED TO]
MUKAREMDAS MANNUDAS VS. CHHAGAN KISAN BHAWASAR [REFERRED TO]

JUDGEMENT

(1.) THE following three questions have been referred to us :-

(2.) WE propose to answer these questions in seriatim. Question no. 1 really consists of two questions, one as to whether a declaratory decree can be passed in a suit under Section 92 of the Code of Civil Procedure, and whether in such a suit a stranger can be made a party. One would have thought that the curtain on this controversy had fallen after the decisions of the Privy Council in the case of Abdur Rahim v. Abu Mahomed Barkat Ali (AIR 1928 PC 16) and of the Supreme Court in the case of Pragdasji v. Ishwarlalbhai, (AIR 1952 SC 143) and in the case of Bishwanath v. Sri Thakur Radha Ballabhji (AIR 1967 SC 1044), but counsel for the respondents has by reference to a large number of cases including some of this Court made a futile attempt to establish that this is not so. It is as such necessary to examine the various decisions on this point.

(3.) ALTHOUGH we feel that this controversy stands resolved by the aforesaid pronouncement of the Supreme Court, but inasmuch as there are three decisions of this Court in which the view has been taken that the third parties can also be made parties to a suit under Section 92, C. P. C., we propose to advert to these cases as also the views of such other High Courts as have been placed before us. In order to avoid unnecessary repetition, we propose to refer to the decision of the Calcutta High Court in the case of Gobinda Chandra v. Abdul Majid, (AIR 1944 Cal 163) wherein all the earlier views of various High Courts have been noticed. B. K. Mukherjea, J. as he then was, speaking for the Court after reviewing all the decisions of that Court and of the Madras High Court and Rangoon High Court and noticing the views of this Court held on page 175 as under :-

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UMA SHANKER Vs. SALIG RAM

Referred Judgements :-

JUDGEMENT

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