Suit for partition - Application filed for impleadment by persons who have purchased undivided share are entitled to come on record to workout equity in their favour in final decree proceedings - Necessary and proper parties to Suit - impleading petition allowed.

Citation 

2007 (3) CTC 332 (SC)

2007 AIR SCW 954

AIR 2007 SC 1062

(2007) 5 MLJ 610

IN THE SUPREME COURT OF INDIA

Dr. AR Lakshmanan and V.S. Sirpurkar, JJ.

Civil Appeal No.262 of 2007.

January 17, 2007

Dhanalakshmi and Others...Appellant

...vs ..

P. Mohan and Others...Respondent

Impleadment of Parties - Suit for partition - Proposed parties, having purchased property from co-sharers, entitled to come on record to work out equity in their favour in final proceedings - Necessary and proper parties to Suit.

Code of Civil Procedure, 1908 (5 of 1908), Order 1, Rule 10 Impleadment of Party Suit for Partition Application filed for impleadment by persons who have purchased undivided share - Applications dismissed by Trial Court on ground of Doctrine of Lis Pendens Revision filed against said order also dismissed Hence Civil Appeal by Special Leave Allowing Civil Appeal held: Proposed parties having purchased property from other co-sharers are entitled to come on record to workout equity in their favour in final decree proceedings - Hence they are necessary and proper parties to Suit Application filed for impleadment allowed. [Para 5 to 7]