suit property is a necessary and
proper party for the complete and effective adjudication of the suit.
According to him, the denial of impleadment will ... passed in the suit and a miscellaneous civil appeal arising from
the suit wherein Respondents 3 to 5 had been impleaded as parties
under Order 39 Rules 1 and 2 read with
Section 151 CPC impleading respondent Nos. 2 and 4, the appellants and
Bhagwati Developers as parties ... suit property, after the suit
is decided against the plaintiff, will not make such person a
necessary party or a proper party to the suit
suit, or where the mortgagor parts with his right by a private alienation before such suit, and the prior mortgagee fails to implead the auction ... suit is to fail on account of nonjoinder of party. A prior mortgagee therefore can bring a suit against his mortgagor without impleading a subsequent
hence it is for him to implead or not impleaded any party to his/ her suit and since the petitioners had already submitted an application ... result of impleadment of a party defendant who is a necessary party to be impleaded though not impleaded in the said
suit
have been impleaded and he has not been impleaded, the Court may order his impleadment. This power or discretion to direct impleadment may be ordered ... Court to order impleadment of a person who has not been impleaded and who ought to have been impleaded, in the course of proceedings
made, after the filing of the suit, or, prior to the filing of the suit. Admittedly, the suit was filed in the year ... share in the suit properties is determined. As stated supra, in the suit for partition, if sharers were not impleaded, then, the suit is liable
physical possession of the suit land.
During the pendency of the suit, the petitioner-Society moved an
application for their impleadment on the basis ... contain any right over the petitioner, therefore, his
request for impleadment in suit was not found proper but
second application was admittedly containing an averment
subject matter of the
Suit devolving upon them pending the Suit. The Applicants have therefore
sought permission to defend the Suit under Order XXII Rule ... their impleadment in the Suit is concerned.
16 Now whether the Suit filed for the reliefs claimed would on
impleadment of the Applicants be diverted
claim in the present suit that in the year 2001 it became
known to them that a civil suit(being suit no. 425/1993 ... their impleadment in
that suit nor the plaintiff of that suit(defendant no.2 herein) had sought
their impleadment. The plaintiffs claim to have asserted
suit of specific performance with the suit for
plaintiff or vice-versa instead of directing the plaintiff-
appellant to file an impleading application ... filed the suit seeking the relief
of partition and separate possession of the suit schedule
property to implead herself in O.S.No.46/2011
