Wednesday 7 August 2013

Addition of parties in representative suit

Shripat Mahadu Patil v. CIDCO Ltd., (2012) 12 SCC 750
 Civil Procedure Code, 1908 
 Or. 1 R. 8(3) - Addition of defendants under, after public notice - Representative suit against grant of illegal lease in
favour of some villagers in lieu of acquired village lands - Addition of defendants under Or. 1 R. 8(3) - Permissibility - Trial
court allowing addition of defendants - Plaintiffs in said suit filing writ petitions thereagainst - High Court upholding said
impleadment order since: (a) applications under Or. 1 R. 8(3) had been filed immediately after publication of public
notice, (b) there was material that interest of applicants would be affected and any adverse decision would cause
prejudice to them, and (c) trial court had already exercised its discretion in impleading them - Therefore, High Court
dismissing writ petitions challenging trial court's order allowing Or. 1 R. 8(3) applications for impleadment - Supreme
Court disposing of SLP by directing impleadment of six additional defendants and directing trial court to expeditiously
decide suit, 
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