- (1.) As per O.I R.10(2) CPC, civil courts are authorised to add parties to the suit and such courts may at any stage of the proceedings either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit, be added.
(2.) In the case in hand, Pragatisheel Jatiya(Raigar) Samaj Seva Sansthan, Pipar City (for short 'PJRSS Sansthan' hereinafter), which is a registered society under the provisions of Co-operative Societies Act, had filed an application through its President under O. I R. 10 CPC in the trial court but that application was opposed by respondent no.1 Annantanand, who had filed an application under Section 278 of the Indian Succession Act, 1925 for obtaining a Letter of Administration of the estate lying in the name of Swami Ramanand s/o Shri Kwsa Ram.
(3.) The petitioner PJRSS Sansthan had filed a copy of alleged Patta dated 12.4.1949 alleged issued by Thikana Shri Nimaz Raj Marwar, copy of application filed before the S.D.O. on 23.12.2009, copy of application dated 2.7.2011 along with documents, like Registration Certificate, Constitution of the Society, bye-law and photographs etc. and on the basis of these documents, the petitioner PJRSS Sansthan claims that Letter of Administration in favour of respondent no.1 cannot be issued without giving an opportunity of hearing to the petitioner. I have gone though the papers.;