Impleadment

Querist : Anonymous (Querist) 28 August 2011 This query is : Resolved
Dear experts,
An Appeal is preferred by my family member
against a decree/order of the lower court. Iam a necessary and proper party but did not seek impleadment at the trial court stage. Can a necessary party apply for impleadment u Order 1 Rule 10(2) at the time Appeal is in progress.
Thank you very much in advance for your reply.

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Devajyoti Barman (Expert) 28 August 2011
Yes under appropriate circumstances.

Devajyoti Barman (Expert) 28 August 2011
The appeal may similarly fail if it is found that the suit suffers from the defect of not adding necessary party resulting in failure of justice.