Order 1 Rule 10 : An Important View of Supreme Court

 Order 1 Rule 10 : An Important View of Supreme Court 

An important Judgment was passed by Hon'ble Supreme Court on 21 August 2012. 

In context of Order 1 Rule 10 of Code of Civil Procedure, 1908, it has been commented at Vidur Impex v Tosh Apartments [2012] GCtR 2835 (SC) thus : 

"The Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court is necessary for effective and complete adjudication of the issues involved in the suit."

"A necessary party is the person who ought to be joined as party to the suit and in whose absence an effective decree cannot be passed by the Court."

"A proper party is a person whose presence would enable the Court to completely, effectively and properly adjudicate upon all matters and issues, though he may not be a person in favour of or against whom a decree is to be made."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as  21 August 2012.

Written by 

Vishal

Delhi

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