KAZIM ALI KHAN Vs. BASHEERUNNISA BEGUM

JUDGEMENT

(1.) The revision is directed against an order of the VII Asst. Judge, City Civil Court, Hyderabad, impleading the first respondent as defendant No. 9 in O.S. No. 3306/84.

(2.) The suit was filed by the petitioner against the 2nd respondent and others for dissolution of partnership and for rendition of accounts of the firm,'M/s. Sridevi Colonisers'. The first respondent filed LA. No. 315/88 for impleading her as a defendant in the suit claiming that she is a shareholder of the lands of an extent of Ac. 78-00, forming part of the lands dealt with by the firm. The petition was resisted by the petitioner on the ground that the first respondent is neither a necessary, nor a proper party to the suit, as she is not a partner of the firm and also on the ground that her title to a part of the property of the firm cannot be adjudicated upon in the suit filed for dissolution of partnership and for rendition of accounts. The Court below allowed the petition and the first respondent was added as defendant No. 9 in the suit.

(3.) The learned Counsel for the petitioner submitted that the order of the Court below is illegal and that the learned Judge ought not to have implea-ded the first respondent as a party to the suit, as she is neither a necessary nor a proper party to the suit and that her presence is not necessary for a full and effective adjudication of the matters in dispute. He contended that the suit for dissolution of partnership and for rendition of accounts, cannot be converted into a suit for declaration of title, and that the provisions of Order 1 Rule 10 C.P.C. are not meant for such purposes. He argued that persons, who are not partners in the firm, cannot be impleaded as parties to the suit. The learned Counsel for the first respondent contended that the fist respondent claimed a part of the suit land as her Matruka property and that since her lands are also being dealt with by the firm, she is entitled to claim the amounts realised from the sale of her property and hence she must be permitted to participate in the suit proceedings and claim the moneys realised from the sale of the lands.