Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 01:XXJI 1908 - Or.l r.4 and Or. VII Code of Civil Procedure r.10 r.6 and s.151 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - Or.l,r.10, 01:XXJI, r.4 andOr. VII, r.6 and s.151 - Applications filed under - Suit seeking· cancellation of sale deed - Application filed by the plaintiff to bringthe legal representatives of the deceased-defendant no. 7 un recordu/Or.XXIJ, 1:4 of CPC was dismissed as not maintainable- Thereafter,the appellant-plaintiff filed an application for imp leading the legalD representatives of deceased-defendant no.7 on record, 11/0r.I, r.10of CPC, the same was alw dismissed by the trial Court - Dismissalconfirmed by the High Court - On appeal, held: In a suit seekingcancellation of sale deed, a person who has purchased the propertyand whose rights are likely to be affected pursuant to the judgmentE in the suit is a necessary party, and he has to be added - If suchpurchaser has expired, his legal representatives are necessaryparties - In instant case, since the purchaser of the suit proper(v,i.e., defendant no. 7 has expired prior to the ft!ing of the suit, hislegal representatives ought to have been arrayed as parties in thesuit while presenting the plaint -As such impleadment was not madeF at the time of filing of the plaint as the plaintiff did not know about. the death of the purchaser, he cannot be non-suited mere£v becauseof his ignorance of the said fact - Legal representatives of thepurchaser of the suit property are necessary parties, they have tobe impleaded u/Or. I, r. JO of CPC - There is no bar for filing theG application 11101:1, r.10 even when the application u!01:XXll, r.4 ofCPC was dismissed as not maintainable under the facts of the case- Legal heirs of the deceased per"on in such a matter can be addedin the array of parties u/Or.l,r.10 of CPC r/w. s.151 of CPC suBjectto the plea of limitation as contemplated u/Or. VII, 1: 6 of CPC and s.21 of the Limitation Act, to .be decided during the course of trial -Necessary party - Limitation Act, 1963 - s.21 |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2017 INSC 989 |
Petitioner | Pankajbhai Rameshbhai Zalavadiya |
Respondent | Jethabhai Kalabhai Zalavadiya (deceased) |
SCR | [2017] 12 S.C.R. 1028 |
Judgement Date | 2017-10-03 |
Case Number | 15549 |
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