Shree Chandrashekhar, J. - (1.) The petitioner, who is plaintiff in Title (D) Suit No. 40 of 2006, is aggrieved of order dated 20.05.2015 by which an application under Order I Rule 10 CPC filed by the applicant-Pramod Kumar Dubey has been allowed.
(2.) Title (D) Suit No. 40 of 2006 has been instituted for a decree for declaration of the plaintiff's right, title, interest and confirmation of her possession over the suit property and for a declaration that the Jet-pipe connection from the well of the plaintiff made by the defendants is illegal. The defendants contested the suit by filing a written statement in which they have taken a specific plea that the genealogical table shown in the plaint is incomplete and in fact, the descendants of the Lalbati Devi who is daughter of Ramdeo Tiwary and his widow have not been made parties in the suit. In his application dated 09.05.2014 the applicant has also pleaded that the plaintiff has disclosed a wrong genealogical table. The applicant claims that he is son of Ghuto Devi who was grand-daughter of Ramdeo Tiwary, however, he has not been made party in the suit. The applicant has asserted that his mother died in the year 1983 whereas the plaintiff has wrongly disclosed that Ghuto Devi died issueless in the year 1972. Apparently the applicant belongs to one of the branches through which the plaintiff has laid a claim over the suit schedule property.
(3.) Whether a person is a necessary party or a proper party in the suit has been explained by the Supreme Court in Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar and Another, 1963 AIR(SC) 786. It has been held that the one whose presence is necessary for effective adjudication of the dispute is a necessary party and the one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding is a proper party. Under Order-I Rule 10(2) CPC the Court may at any stage of the proceeding, either suo-motu or upon an application of a party, struck out the name of any party who has been improperly joined and name of any person who ought to have been joined may be added in the suit. This power under Order-I Rule 10(2) CPC is grounded on justice, equity and good conscience.;