Third - Party- Application.....

....  Third Party Application.......!

                                    

- Basically third party application by necessary or proper party is maintainable in any proceeding.

- The court can at any stage of the proceeding either on the application made by the parties or otherwise direct impleadment of any person as party who ought to have been joined as plaintiff or defendant or whose presence is necessary for effective and complete adjudication of the issues involved in the suit.

- A necessary party is the person who ought to be joined as party to the suit and in whose absence an effective decree cannot be passed by the court.

- A proper party is a person whose presence would enable the court to completely effective and properly adjudicate upon all matters and issues though he may not be a person in favour or against whom a decree is to be made.

- If a person is not found to be a proper or necessary party the court does not have jurisdiction to order his impleadment against the wishes of the plaintiff.

=== Relevant Provision ==

- Order 1 Rule 10 of C.P.C.

____ Relevant Judgement ____

- Shri V.J.Thomas v/s Shri Pathrose Abraham & Ora A.I.R 2008 S.C.1503.

- Kasturi v/s Iyyamperumal and Ors A.I.R.2005 S.C.2813.

- Vidur Impex and Traders Pvt. Ltd. V/s Tosh Apartments Pvt. Ltd. A.I.R.2012 S.C.2925.

- Richard Lee v/s Girish Soni and Anr A.I.R.2017 S.C.921.

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