Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: CS No. 515/24
Rakesh vs. Mahesh
08.04.2025
Present : Sh. Vipin Bhaskar Ld. Counsel for plaintiff.
Sh. Pulkit Luthra Ld. Counsel for applicant / proposed
defendant.
D-1 in person.
None for D2 to D4.
Today, matter is listed for appearance of D2 to D4, reply and
arguments on application u/o 1 R 10 (2) CPC filed by applicant.
Perusal of record shows that steps not taken by the plaintiff qua
service of D2 to D4 in compliance of order dated 14.11.2024.
Plaintiff is again directed to comply with the said directions for
NDOH.
Reply to the application u/o 1 R 10 (2) CPC has not been filed,
so far.
Submissions heard. Record perused.
By way of application u/o 1 r 10 r/w S 151 CPC, applicant Sonu
Khaneja seeks to implead himself as one of the defendant in the array of
parties.
Ld. Counsel for applicant submits that the presence of the
applicant as defendant is necessary for the proper adjudication of the suit
as he is the actual owner of the suit property by virtue of registered sale
deed dated 05.07.2024. He further submits that applicant is proper and
necessary party to the present suit.
On the other hand, Ld. Counsel for plaintiff submits that he has
no objection to the aforesaid application. He further submits that the
aforesaid application may be allowed, in accordance with law.
As per Order 1 R 10 (2) CPC, the Court may at any stage of the
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proceedings, either upon or without the application of the either party,
order that the name of any person who ought to have been joined,
whether as a plaintiff or defendant or whose presence before the Court
may be necessary to enable the court to adjudicate upon and settle all
questions involved in the suit, be added.
In view of the aforesaid submissions made by Ld. Counsels for
the parties as well as for the reasons mentioned in the application, this
court is of the view that the applicant, being a necessary party, should be
impleaded in the suit to ensure a comprehensive adjudication of the
issues involved. Further, as no objection has been given by the Ld.
Counsel for plaintiff, the impleadment of applicant does not prejudice
any of the party , therefore, for proper adjudication and just decision of
the suit, the aforesaid application is disposed of as allowed. Applicant
Sh. Sonu Khaneja is added in the array of defendants as defendant no. 5.
Accordingly, plaintiff is directed to file amended memo of
parties.
Plaintiff is also directed to supply the copy of complete paper-
book to D-5, within a week from today against proper receipt. Upon
receipt, WS be filed within stipulated period with advance copy to the
opposite party.
Put up for further proceedings on 29.07.2025.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/08.04.2025(ch)
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