ANARJAN BIBI & ANOTHER Vs. PROPERTIES PVT LTD

JUDGEMENT

(1.) The order no. 106 dated 21st August, 2015 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in Title Suit No. 179 of 2009 rejecting an application for addition of party is challenged in this revisional application.

(2.) Before proceeding to deal with the instant revisional application on factual matrix, it would be relevant to remind the proposition of law laid down in the present context.

(3.) Order 1 Rule 10 (2) of the Code of Civil Procedure empowers the Court to add the party from the suit or the proceeding if they are necessary or proper party. Necessary party is a person who should be joined in the category of the plaintiff or defendant for an effective order or decree to be passed by the Court. The proper party is a person who though not a necessary party but in whose absence, the effective decree or order can be passed to enable the Court to completely, effectively and adequately adjudicate the issues or the matters in dispute in the suit, the presence of such person is necessary. Generally the impleadment of the party in the category of the defendant is rest on the plaintiff being a dominus litis and he cannot be compelled to sue a person against whom he does not seek any relief. The aforesaid general rule is not a rule of rigidity as the exception can be traced from the provisions contained under Order 1 Rule 10 (2) of the Code. Under the said provision, the Court may at any stage of the proceeding either on an application of the parties or suo moto direct any person to be added as a party or a person who is improperly joined as a party to be struck out on such terms as the Court may think fit. The said rule is not about the right of a nonparty to be impleaded as the party but the discretion to be exercised judicially by the Court to strike out or add parties at any stage of the proceeding.