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
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
suit, nor the decree
passed in the suit has the effect of affecting his
rights or liabilities, can be impleaded as a party
defendant ... damage thereto. The Suits are in relation to the
recovery of licence fee. The Suits broadly fall in the
category of Suits for recovery
suit, nor the decree passed in the suit has the effect
of affecting his rights or liabilities, can be impleaded as a
party defendant ... damage thereto. The Suits
are in relation to the recovery of licence fee. The Suits
broadly fall in the category of Suits for recovery
argument was (debated) for impleading the impleading applicant by directing the respondents to implead her as defendant No. 2 to suit. The argument sounded more ... would have as well impleaded or directed the respondents to implead the impleading applicant as a necessary party to the suit, for it was borne
suit is a necessary party to the
suit, ought to have adjourned the suit and directed
the plaintiff to implead her instead of dismissing ... that the suit is of
the year 2002, the fresh disposal of the suit
shall be completed on or before 31.07.2024
after impleading necessary parties
convert a suit of one character into a
suit of different character. [...]"
(Emphasis supplied)
(iii) Thirdly, an intervenor seeking to be impleaded must ... implead such person or order for his impleadment
on certain conditions. However, even otherwise, the court would
not be precluded from impleading a 'proper
implead such person or order for his
impleadment on certain conditions. However, even
otherwise, the court would not be precluded from
impleading a 'proper ... suit, his legal
representatives ought to have been arrayed as parties in the suit
while presenting the plaint. As such impleadment was not made
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 ... implead such person or order for his
impleadment on certain conditions. However, even
otherwise, the court would not be precluded from
impleading a 'proper
necessary party, it
can implead him. If the plaintiff opposes such
impleadment, then instead of impleading such a
party, who is found ... been held that if a
"necessary party" is not impleaded, the suit itself is
liable to be dismissed.
19. As already discussed hereinabove
