Shree Chandrashekhar, J. - (1.) The petitioners are aggrieved of order dated 15.09.2017 by which an application filed by the intervenerSabitri Devi under Order I Rule 10 CPC has been allowed.
(2.) Title (Partition) Suit No.106 of 2003 was instituted for a preliminary decree for partition. During pendency of the suit an application was filed under Order-I Rule 10(2) CPC by the said Sabitri Devi claiming herself grand-daughter of Khubi Pandey. This application was dismissed by an order dated 29.03.2014 against which she came to this Court in W.P.(C) No.3132 of 2014. The writ petition stood disposed of on 10.05.2017 remitting the matter back to the trial court.
(3.) Who is necessary party and who are proper parties has been explained by the Supreme Court in "Udit Narain Singh Malpaharia vs. Additional Member, Board of Revenue, Bihar and Anr. reported in, 1963 AIR(SC) 786". It has been held that the one whose presence is necessary for an effective decision in the suit is a necessary party and the one in whose absence the dispute cannot be resolved completely and effectively is a proper party.;