Order 4

Order Details: COPY OF ORDER
Pdf Text: 18 Civ Suit 588/24
Mohd. Haneef Vs. Shafi Mohd.
22.04.2025
Present: Sh. B.K. Sharma, Ld. Counsel for the deceased
counter claimant alongwith applicant Mohd. Rafi.
Sh. Muzammil Hasan, Ld. Counsel for non counter
claimant.
Arguments have been heard on the application under
Order I Rule 10 CPC for impleading Mohd. Rafi as counter
claimant.
Record has been perused.
In the present matter, the applicant Mohd. Rafi
wishes to be impleaded as the counter claimant on the ground
that he has obtained an interest in the suit property from the non
counter claimant by way of registered General Power of
Attorney, Deed of Will and Gift Deed, all dated 17.07.2017 and
registered Will, dated 25.07.2017.
It has been argued on behalf of the counter claimant
that the counter claimant now possesses direct and substantial
interest in the subject matter of the suit.
After consideration of the submissions made by both
the parties, this Court is of the humble opinion that in the
absence of the applicant, the counter claim cannot be justly
adjudicated. In fact, in his absence, the counter claim cannot
progress at all since the counter claimant has expired leaving
behind no legal heirs. Moreover, the applicant has sufficiently
demonstrated that he has acquired an interest in the suit property
and therefore, is a necessary and proper party to the suit.
Accordingly, the application under Order I Rule 10 CPC is
allowed and applicant, Mohd. Rafi is impleaded as a party to the
present suit.
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Counter claimant/applicant is directed to file an
amended counter claim making the necessary rectifications in the
counter claim on or before the next date of hearing with advance
copy to the non counter claimant.
Be put for further proceedings on 03.06.2025.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
22.04.2025
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