Suit for possession through partition

2018 M L D 65

—O. I, R. 10 (2)—Partition Act (IV of 1893), S. 4—Suit for possession through partition—Impleadment of a party—Discretion of Court—Exercise
of—Scope—Petition for impleadment of party was moved which was accepted by the Trial Court—Validity—Plaintiff in a suit being dominus litis
might choose the persons against whom he wished to litigate and could not be compelled to sue a person against his wishes—Discretion under O. I, R.
10(2), C.P.C. could be exercised either suo motu or on the application of plaintiff or defendant or application of a person who was not a party to the
suit—Court could add any one as a plaintiff or as a defendant if it found that he was necessary or proper party—Trial Court without having any
supporting document had passed the impugned order at premature stage—Impugned order was not sustainable in circumstances—Applicant after
filing relevant documents might file fresh application for impleadment as a party—Impugned order was set aside and application for impleadment of
party was dismissed—Revision was allowed in circumstances.

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