M/S J N REAL ESTATE versus SHAILENDRA PRADHAN & ORS.

M/S J N REAL ESTATE versus SHAILENDRA PRADHAN & ORS.

The High Court erred in intervening under Article 227 to set aside the Trial Court's exercise of discretion under Order I Rule 10 CPC to implead the appellant; the appellant's presence was required as a proper party for effective adjudication, and issues about the genuineness of the transaction and documents are triable issues for the Trial Court. The High Court’s orders dated 12.06.2023 and 12.12.2023 were set aside and the Trial Court order of 14.03.2018 restored.

Parties
Appellant (original Defendant No.8): M/s J N Real Estate; Respondent (original Defendant No.4): Shailendra Pradhan; Original Plaintiff / Respondent No.2: Adarsh Malhotra
Jurisdiction
India
Judgment Date
22 April 2025
Procedural Posture
Civil Appeal / Appeal From High Court Orders Under Article 227; Final Judgment by Supreme Court (appeals Allowed)
Outcome
Appeals allowed; impugned High Court orders set aside and Trial Court order restored.
Legal Topics
Order I Rule 10 CPC, Impleadment, Necessary Party, Proper Party, Suit for Specific Performance, Probate, Article 227 Supervisory Jurisdiction
Civil Procedure Property Law Probate and Succession Constitutional Law Order I Rule 10 CPC Impleadment Necessary Party Proper Party +3 more

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Parties

M/s J N Real Estate

Appellant (original Defendant No.8)

Shailendra Pradhan

Respondent (original Defendant No.4)

Adarsh Malhotra

Original Plaintiff / Respondent No.2

Procedural Posture

Civil Appeal / Appeal From High Court Orders Under Article 227; Final Judgment by Supreme Court (appeals Allowed)

Legal Issues

  1. 1 Whether the High Court was justified in setting aside the Trial Court order impleading the appellant as a defendant in a suit for specific performance
  2. 2 Whether the appellant was a ‘necessary party’ or a ‘proper party’ under Order I Rule 10 CPC
  3. 3 Whether the High Court in exercise of Article 227 could substitute its view for the Trial Court on facts involving genuineness of transaction and documents which are triable issues

Ratio Decidendi

The High Court erred in intervening under Article 227 to set aside the Trial Court's exercise of discretion under Order I Rule 10 CPC to implead the appellant; the appellant's presence was required as a proper party for effective adjudication, and issues about the genuineness of the transaction and documents are triable issues for the Trial Court. The High Court’s orders dated 12.06.2023 and 12.12.2023 were set aside and the Trial Court order of 14.03.2018 restored.

Court Disposition

Appeals allowed; impugned High Court orders set aside and Trial Court order restored.

Orders

  • Impugned High Court orders dated 12.12.2023 and 12.06.2023 set aside
  • Order of the Trial Court dated 14.03.2018 impleading the appellant as defendant restored