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VIKAS GARG (LAWYER)     17 October 2009

order 1 rule 10

my party want to implead as defendant under order 1 rule 10 of cpc but court rejeceted the application..hey what remedy available against order of rejection of aplication..do revision lie under  ection 115 to high court against this oder.can we call this order is not a interim order because it deprives the party from their rights, I consider review but there is problem of limitation and how to fit under grounds given under section 114 of cpc.



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 9 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     17 October 2009

Dear Vikas,

As per me,  application as stated under order 1 Rule 10 is surely and Interim application and order of rejection is an ' Interim Order '... and against the order of Rejection of said petition only "Revision" lies under section 115 of CPC.

With concerned to you consideration about  " review " under Section 114 of CPC, kindly go through the following judgment of SC, good explanations on review .

But my suggestion to you file a 'revision' againt order of rejection.

 

AEJAZ AHMED (Legal Consultant/Lawyer)     17 October 2009

Explanation of "Review" by SC 

Inderchand Jain (D) Through L.Rs vs Motilal (D) Through L.Rs on 21 July, 2009 https://indiankanoon.org/doc/1085080/

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     18 October 2009

I AGREE WITH AHMEDJI

Adinath@Avinash Patil (advocate)     23 October 2009

I AGRE WITH AEJAZ

Ajay kumar singh (Advocate)     29 October 2009

yes. civil revision is the only remedy.

Sanjeev Kuchhal (Publishers)     30 October 2009

Sir

Please clarify the scope of revisional jurisdiction in the light of amendment to Section 115 by Amendment Act No.46 of 1999. Supreme Court in the judgment of Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers (2003 (5) LJSOFT (SC) 5) held that -

"If the impugned order is of interim in nature or does not finally decide the lis, the revision will not be maintainable."

Kumar Krishan Agarwal Advocate (Lawyer)     04 November 2009

SCC judgment are not applicable on each cases , but the facts is more important than ruling.

BP SHARMA Adv (LAW CONSULTANT)     16 November 2009

 Dear Garg

Order I Rule 10 CPC empowers a Court at any stage of the proceedings to implead the "necessary and proper parties". Necessary parties are those "who ought to have been joined" i.e. parties necessary to the constitution of the suit without whom no decree at all can be passed; and proper parties are those whose presence enables the Court to adjudicate "more effectivelly and completely" on the points involved in the case.

Hence, where the Court below instead of addressing itself to the important question as to whether the addition of the petitioners as parties was necessary in order to enable the Court to completely adjudicate all the questions involved in the suitrejected the petition, in my considered view, the order of the Court below really amounted to a refusal to exercise a jurisdiction vasted in it and the same should, therefore, be set aside in Revision under Section 115 CPC though it was held way back by the Hon'ble Supreme Court that it was for the lower Court  to feel satisfied as to whether or not it should exercise its powers under Order I Rule 10 CPC and such exercise of discretion could not be interfered with in Revision since it could not be said that the order relating to addition of parties was a matter concerning the jurisdiction of the Court. [Refer AIR 1958 SC 886 : 1958 SCJ 1214]

Besides, please note that order passed by the Court below under Order I Rule 10 CPC does not come within the definition of "decree" in Section 2[2] CPC and, therefore, there can be no Appeal against such an order.

 

pyarelal kedia (nil)     17 August 2011

we are three brothers, our land was registered on the name two brothers, we lost a case that land in lower court and prefered an appeal in 1991, in 1999 i gote my share seperated, can i become one of the appellants party in person and peruse my case as it is comming for final hearing and others are not caring the case.


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