Ashok Pal Sen vs Raj Kumari and others

Mansoor Ahmad Mir, C.J. (Oral) - These Letters Patent Appeals are outcome of orders, dated 18th November, 2015, made by the learned Single Judge in OMPs No. 24 and 217 of 2015 in Civil Suit No. 4 of 2007, titled as Raja Ashok Pal Sen v. Raj Kumari Indra Maohindra and others, whereby applications under Order 1 Rule 10 of the Code of Civil Procedure (for short "CPC") were determined and the applicants came to be impleaded as defendants in the Civil Suit (for short "the impugned orders").

Suit for declaration was on the docket of this Court before the learned Single Judge. During the pendency of the suit, applications were moved by the applicants for arraying them as defendants in the suit, in terms of the mandate of Order 1 Rule 10 CPC.

The applications were resisted by the non-applicants, treated under Order 22 Rule 10 CPC and granted. Applicants have been arrayed as defendants.

In terms of the impugned orders, suit can be treated as inter-pleader suit.

The question is � whether a suit for declaration, where the parties have questioned their respective rights, can be treated as inter�pleader suit.

We have perused the record read with the impugned orders and are of the considered view that the learned Single Judge has erred in treating the lis as interpleader suit.

At this stage, learned counsel for the parties made a request that the impugned orders be set aside with a direction to the learned Single Judge to decide the applications under Order 1 Rule 10 CPC on merits.

In view of the above, the impugned orders are set aside. Applications under Order 1 Rule 10 CPC are restored to their original number. Learned Single Judge is directed to decide the applications under Order 1 Rule 10 CPC, i.e. OMPs No. 24 and 217 of 2015, afresh after hearing the parties.

Parties to appear before the learned Single Judge on 31st March, 2016.

The appeals are disposed of accordingly along with all pending applications.