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1 - 5 of 5 (0.28 seconds)Amit Kumar Shaw & Anr vs Farida Khatoon & Anr on 13 April, 2005
Learned counsel appearing for the petitioner, in respect of his submission,
has relied on a judgment in the case of Amit Kumar Shaw & Anr. - Vs. - Farida
Khatoon & Anr., reported in (2005) 11 SCC 403. Relying on paragraphs 9 and
10 of the said judgment the petitioner submitted that object of Order I, Rule 10,
CPC, is to discourage contest on technical pleas and to save honest and bona fide
claimants from being non-suited. The power to strike out or add parties can be
exercised by the Court at any stage of the proceedings. He submitted that right to
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be added as a party does not depend only that the party has to have some
interest in the suit property.
Thomson Press (India) Ltd vs Nanak Builders & Investrs.P.Ltd & Ors on 21 February, 2013
The next decision the petitioner has relied on is a
decision in the case of Thomson Press (India) Ltd. - Vs. - Nanak Builders &
Investors Pvt. Ltd. & Ors., reported in (2013) 5 SCC 397. The petitioner has
relied on this decision with the object that if it is found that some other persons
are also involved with regard to the claim of the plaintiff they should be treated to
be necessary party and be brought on record. However, the facts of this case are
different and the decision which had been rendered by the Hon'ble Supreme
Court is at the instance of the intervener. The petitioner is not an intervener
rather he is a party-defendant and he has been avoiding his responsibility.
Mumbai International Airport Pvt. Ltd vs Regency Convention Centra & Hotels & Ors on 6 July, 2010
The last decision which the petitioner relies on is the decision in the case of
Mumbai International Airport Pvt. Ltd. - Vs. - Regency Convention Centre &
Hotels Pvt. Ltd. & Ors., reported in (2010) 7 SCC 417. This decision of the
Hon'ble Apex Court also discusses about the principles underlying Order I, Rule
10 of the Code of Civil Procedure. The Hon'ble Apex Court has ruled that it is the
general rule in regard to impleadment of parties that the plaintiff in a suit being
dominus litis may choose the persons against whom he is to litigate and cannot
be compelled to sue a person against whom he does not seek any relief.
Paragraph 13 of the said decision is set out below :
The Companies Act, 1956
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