Chakori Mahton and Others vs Mahadeo Singh and Others

Lakshmikanta Jha, C.J.—In this case, I am of the opinion that the order of the learned Subordinate Judge cannot stand.

The plaintiffs-opposite party instituted a suit for partition impleading opposite parties Nos. 3 to 37 as defendants. The petitioners made an application to be added as defendants under Order 1, Rule 10, Code of Civil Procedure. The learned Subordinate Judge rejected the application observing that

"If the plaintiffs do not want the applicants to be added as parties they cannot be forced upon them. The applicants'' interest, if any, will not be affected by any decision in this suit and it is not necessary to make them parties."

I, am of the opinion that the learned Subordinate Judge misdirected himself in rejecting the application. The real question for determination was whether the presence of the petitioners before the Court is necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The order must, therefore, be vacated and the case must go back for disposal in accordance with law. As there is no appearance for the opposite parties, there will be no order as to costs.