SUNDARGARH SHRAMIK SANGH Vs. INDUSTRIAL FINANCE

JUDGEMENT

(1.) THIS writ application is directed against the order dated 8.7.2002 passed by the learned Civil Judge (Senior Division), Bonai in Title Suit No. 10 of 2001 allowing the application filed by the opposite party No. 1 under Order 1, Rule 10 read with Section 151 of the C.P.C. for being impleaded as party to the suit, as well as the judgment and order dated 11.2.2003 of the learned District Judge, Sundargarh in Civil Revision Petition No. 1 of 2002 confirming the order passed by the learned Civil Judge.

(2.) THIS Court by order dated 10.4.2003 had issued notice of admission. Though the matter was listed for admission, on consent of learned counsel for the parties, the same was taken up for hearing.

(3.) SHRI Sanjit Mohanty, learned Senior Advocate appearing for the petitioner submitted that the intervener -opposite party No. 1 is neither a necessary party nor a proper party to the suit. This submission was made with reference to certain documents annexed to the writ application which also form part of the record. Learned counsel Sri B. Mohanty appearing for the intervener -opposite party No. 1 supported the order passed by both the Courts below on the ground that the intervener -opposite party No. 1 is not only an Investor but also participated in the proceeding before the defendant No. 1 and therefore in absence of the said intervener no effective decree can be passed. Shri Govind Das, learned senior counsel appearing for the opposite party No.2 submitted that if the intervention is allowed only on the ground that the intervener -opposite party No. 1 had invested in the company then it will be open a flood -gate for all the creditors/ investors/Sundry creditors to approach the Court to be impleaded as parties.