Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 27 Civ Suit 956/23 BIJENDER SINGH Vs. KAMAL KANT GUPTA
Final Arguments
22.04.2025
Present: Sh. Jitender Kumar Kranti, Ld counsel for the plaintiff.
Sh. S K Sharma, Ld counsel for the defendant as well as applicant.
Arguments heard on the application under Order 1 Rule 10 CPC.
The application in brief is that the applicant is owner of the suit property
which is also admitted by defendant herein. It is the applicant herein who is
receiving the rent from the defendant herein. As the applicant is a necessary party
in the present suit, the application may be allowed and he be impleaded as a party
in the present suit.
Reply has been filed on behalf of the plaintiff wherein the averments
made in the application are denied and it is prayed that the application may be
dismissed.
Record perused.
The present suit has been filed for recovery of possession, arrears of rent,
mense profits and damages. So, fact in issue in the present matter is whether there
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exists landlord tenant relationship between the parties or not. The ownership in
the present case is not a material question to be adjudicated.
Thus, the applicant neither seems to be necesssary or proper party in the
present suit as his presence is not necessary for the effective an comprehensive
adjudication of the present matter.
In view of the aforesaid reason, the application under Order 1 Rule 10
CPC is hereby dismissed.
Put up for PE on 26.07.2025.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/22.04.2025
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