Order 4

Order Details: COPY OF ORDER
Pdf Text: 4 Civ Suit 435/25
Sunita
Vs.
Pankaj Kumar Sharma
07.02.2026
Present: Sh. Md. Yamin, Ld. counsel for plaintiff alongwith
plaintiff.
None for defendant/Pankaj Kumar Sharma.
Sh. Amit Thakur, Ld. counsel for proposed
defendant.
Fresh vakalatnama filed on behalf of
applicant/proposed defendant Rajesh, taken on record.
As defendant Pankaj Kumar Sharma not filed WS
within prescribed period despite service vide order dated
10.11.2025, so, right to file WS stands closed for D-1/Pankaj
Kumar Sharma.
Reply to application u/o 1 Rule 10 CPC filed by
plaintiff, copy supplied.
It is submited on behalf of applicant Rajesh that
applicant is one of necessary and proper party to present
proceeding as he is directly connected to ownership and financial
transaction regarding suit property. Applicant was one of family
members involved in division of property and applicant has made
certain financial contribution towards purchase of suit property
measuring 70 sq. yds and in case the applicant is not impleaded
as party, then applicant will suffer irreperable loss and injury. So
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for just disposal of the case, the application may be allowed and
applicant Rajesh may be impleaded as one of necessary party in
the array of memo of parties.
Per contra, it is submitted on behalf of
plaintiff/respondent that the appicant Rajesh has no role to play
either in present suit or with regard to any transaction for suit
property. It is further submitted that it is admitted on record that
there are no document of ownership of suit property in the name
of applicant, whereas the suit property was jointly purchased in
the name of plaintiff and defendant in the year 1999.
Perusal of contentions from both sides and available
material on record, the applicant is not concerned with suit
property. Applicant is not the owner of any part of suit property
or in possession thereof in the capacity of owner, so applicant has
no interest. Accordingly, applicant is neither necessary nor proper
party to suit and hence, the application u/o 1 Rule 10 CPC filed
by Sh. Rajesh is dismissed.
Matter is adjouned for PE.
It be relisted on 05.05.2026.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
07.02.2026
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