NABHIRAJ AND ORS. versus JAYAVATIBAI @SHANTHA BAI AND ORS.

NABHIRAJ AND ORS. versus JAYAVATIBAI @SHANTHA BAI AND ORS.

Where a party is impleaded and reserves the right to take appropriate proceedings, and no relief is sought against them in the suit, dismissal of the suit as against them is not vitiated by error of law.

Parties
Appellants: Nabhiraj and Ors.; Respondents: Tayavatibai/Shantha Bai and Ors.
Jurisdiction
India
Judgment Date
15 April 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Declaratory Decree, Impleadment of Parties, Dismissal of Suit, Order 1 Rule 10 CPC, Order 23 Rule 1 CPC
Civil Procedure Declaratory Decree Impleadment of Parties Dismissal of Suit Order 1 Rule 10 CPC Order 23 Rule 1 CPC

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Parties

Nabhiraj and Ors.

Appellants

Tayavatibai/Shantha Bai and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether dismissal of the suit against the impleaded appellants is vitiated by error of law
  2. 2 Whether the appellants are disentitled from claiming relief in future proceedings

Ratio Decidendi

Where a party is impleaded and reserves the right to take appropriate proceedings, and no relief is sought against them in the suit, dismissal of the suit as against them is not vitiated by error of law.

Court Disposition

Appeal dismissed

Orders

  • Trial Court directed to dispose of the suit expeditiously
  • Any application for impleadment to be dismissed