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Krishnaiah Krishnsiah   10 January 2022

Impleading petion

Dear experts,
Can't we file an impleading petition of the legal heirs in money recovery suits,when the plaintiff filed an attachment of joint family property and suit filed on one person?
Kindly advice on this.


Learning

 4 Replies

Shashi Dhara   10 January 2022

When notice served to the  party simple in form he dead ,the plaintiff will brings LRson record.

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 January 2022

Legal heirs are necessary parties to the proceedings. Generally they inherit all civil liability.

Shashi Dhara   10 January 2022

Decree on dead person is invalid ,the plaintiff has to bring lrs on record and inform the court .

Anaita Vas   13 January 2022

In a legal heir case, the presence of the said legal heirs before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions involved in the suit.

It is a well-settled principle that it is for the plaintiff in a suit to bring the parties against whom he has any dispute and to implead them as defendants in the suit filed for necessary relief. He cannot be compelled to face litigation with the persons against whom he has no dispute.

There is no requirement of law that an application for impleadment must be made at any particular stage of the trial, though a delay is a cause of consideration for the court to decide whether or not to implead a person as a necessary party. Sub-rule (2) of rule 10 of order 1 provides that the court can add a person or organization as a necessary party at any stage of the proceedings. A second application can also be entertained in proceedings of a suit in changed circumstances.

The said legal heirs are necessary parties which means that in their absence relief claimed in the suit cannot be granted.  A necessary party is against whom the relief is sought and without whom no effective order cannot be passed.

Refer to n Kasturi vs. Uyyamperumal and others (2005) 6 SCC 733 to read more about necessary parties. 

If a necessary party is not added no decree or order can be passed when a person is not impleaded as a necessary party in the suit. Because for an effective adjudication, a party against whom relief sought is not known, no effective decree or order can be issued in the suit. If an effective decree or order cannot be passed, the suit will never conclude to its logical end.

 

Regards,

Anaita Vas


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