Or.1, rule 10 - an Interlocutory Application seeking to bring on record, the proposed Respondent Nos.3 to 6, who are the vendors to the revision petitioners-plaintiffs and to the respondent Nos.1 and 2 of the property, which was subject matter of the suit.= whether there are necessary parties - with out whom -no decree be passed effectively ? a copy of the plan annexed to the plaint would itself reveal that the rastha as shown in the plaint plan consists of several plots and if the real intention of the revision petitioners-plaintiffs is only to ascertain the existence or otherwise of the rastha, it is always open for the revision petitioners-plaintiffs to summon respondents 3 to 6 through Court to compel them to appear before the Court. Further, there are number of other people through whom those facts could be ascertained. A perusal of the order of the Trial Court and the plan annexed to the plaint, this Court is of the opinion that the presence of the respondent Nos.3 to 6 is not necessary for the purpose of proper adjudication of the suit in dispute. The purpose for which the respondent Nos.3 to 6 were sought to be brought on record, subject to the legal limitations, can be achieved through various other provisions of the Code and Indian Evidence Act. One important aspect, which needs to be considered in this kind of matters, is that the suit is of the year 2003 and the relief which is sought in the suit is simplicitor injunction suit. Further, this court is in agreement with the contention of the learned counsel for the respondents- defendants that the revision petitioners-plaintiffs are at liberty to take necessary steps to adduce evidence by summoning witnesses in accordance with law. -2015 A.P.(2014) MSK LAW REPORTS

Or.1, rule 10 - an Interlocutory
Application seeking to bring on record, the proposed Respondent
Nos.3 to 6, who are the vendors to the revision petitioners-plaintiffs
and to the respondent Nos.1 and 2 of the property, which was
subject matter of the suit.=
whether there are necessary parties - with out whom -no decree be passed effectively ?
a copy of the plan annexed to the plaint would itself reveal that the
rastha as shown in the plaint plan consists of several plots and
if the
real intention of the revision petitioners-plaintiffs is only to ascertain
the existence or otherwise of the rastha, 
it is always open for the
revision petitioners-plaintiffs to summon respondents 3 to 6 through
Court to compel them to appear before the Court.  
Further, there are
number of other people through whom those facts could be
ascertained.
A perusal of the order of the Trial Court and the plan
annexed to the plaint, this Court is of the opinion that the presence
of the respondent Nos.3 to 6 is not necessary for the purpose of
proper adjudication of the suit in dispute.  
The purpose for which the
respondent Nos.3 to 6 were sought to be brought on record, subject
to the legal limitations, can be achieved through various other
provisions of the Code and Indian Evidence Act.  
One important
aspect, which needs to be considered in this kind of matters, is that
the suit is of the year 2003 and the relief which is sought in the suit
is simplicitor injunction suit.  
Further, this court is in agreement
with the contention of the learned counsel for the respondents-
defendants that the revision petitioners-plaintiffs are at liberty to
take necessary steps to adduce evidence by summoning witnesses in   
accordance with law. -2015 A.P.(2014) MSK LAW REPORTS

Popular posts from this blog

Or.39, rule 7 of C.P.C - Petition for preservation of properties belongs to the petitioner - as the Govt. is going to demolish the building in road widening scheme - Or.39, rule 1 made absolute against the petitioner infavour of the respondent - Trial court allowed the Petition wrongly - their lordships held that In a suit for injunction, though the question of possession as on the date of filing of the suit is most relevant, there may be other ancillary and incidental questions as to the conduct of the parties before the Court. The concept of possession in law should take in its spectrum all rights, liabilities, immunities and claims vis-`-vis the property which is said to be in possession. When the Court recorded a prima facie finding that Gayatri bai is in possession, she was also in law entitled to take advantage of that presumption. Unless the defendant properly pleads and proves at the earliest stage regarding any such movables or immovables attached to the immovable property, no defendant can be heard of saying that his belongings were lying in the disputed property. - 2015 A.P.(2001) MSKLAWREPORTS

<CIVIL PROCEDURE CODE - - Or.39 Rr.1 and 2 - - Or.39 R.7 - - Suit for possession - - Interim injuction granted was made absolute - - Later on defendant filed a petition to remove and keep in safe custody certain movables laying in the disputed premises alleging that those belong to him and may get spoiled in case of demolition of the building for road widening - - Lower Court ordered handing over such articles after preparing necessary list to the respondent/defendant.         Scope and ambit  of Or.39 R.7 and when the power thereunder to be exercised - - Laid down. >HELD:         Order 39 Rule 7 CPC empowers the Court to make an order for detention, preservation and inspection of any property which is the subject matter of the suit or as to which any question may arise in the suit.  The submission that the power under Rule 7 can be exercised only in respect of the subject matter is therefore not well founded. The...
Read more

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
Read more

Cancellation of Bail with out completing the investigation by police about threat on defacto complainant , is a premature one - - 2015 TELANGANA & AP.MSKLAWREPORTS

the allegation of defacto complainant is that some unknown persons on behalf of the accused,  even though they were in judicial custody, started threatening him with dire consequences if he does not come forward to compromise with them  in the case and in view of such threat he lodged report and consequently Cr.No.705 of 2014 was registered under Sections 506 and 507 IPC. Apart from it, the complainant also narrated that some of the accused were involved in other cases and rowdy sheet was opened against A1. The lower Court cancelled the bail taking the above allegations into consideration. It must be noted that the threat allegations are under investigation and the persons who allegedly threatened the defacto complainant and the connection of accused with them if any has to be found out only after through investigation by the concerned police.  However, before that exercise being completed, the lower Court came to a premature conclusion about the correctness of the...
Read more