TANAJI JAMDADE (LAWYER) 16 February 2026
I have one querry as regards the impleadment of the party at appellate court?
Whether the District court has power to implead the party at regualar appeal case where challenging the partition suit. the plaintiff has negligently not make party to her own mother in partition suit before trial court? so such lacuna can be cure at district court in appeal case?
if yes then what is the remedy under which appellate has seek to implead in appeal case?
pls guide me.
T. Kalaiselvan, Advocate (Advocate) 20 February 2026
The Appellate Court (District Court in a Regular First Appeal) does have power to implead a necessary party, even if that party was not added before the Trial Court.
If the mother was not impleaded though she appears to be a necessary party then you file a petition under Section 107 CPC, an appellate court has the same powers as the trial court, including adding parties, taking additional evidence, passing any decree necessary for complete justice. Therefore, the District Court hearing a Regular Appeal can implead a necessary party.
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