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D.P. Rai Ahuja Vs. Delhi Development Authority - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtDelhi High Court
Decided On
Case NumberCivil Revision Appeal No. 66 of 1973
Judge
Reported in1974RLR664
ActsCode of Civil Procedure (CPC), 1908 - Sections 115 - Order 1, Rule 10; Delhi Development Act - Sections 53B
AppellantD.P. Rai Ahuja
RespondentDelhi Development Authority
Advocates: M.L. Lonial and; K. Dayal, Advs
Excerpt:
.....a defendant to the suit was not a mere procedural order but was an order which was capable of affecting the course of the litigagation, even the outcome of it and capable of affecting the rights and obligations not only of the existing parties to the litigation but even the parties sought to be added as well and would, thereforee, be amenable to the revisional jurisdiction of this court, it appears to me that having regard to the true meaning and scope of the provisions of rule 10(2) of of order 1 of the code of civil procedure, it could not be said that the trial court lacked either in inherent or initial jurisdiction to consider and decide the question as to the propriety of adding a defendant to the suit inspire of the opposition of the plaintiff......but even the parties sought to be added as well and would, thereforee, be amenable to the revisional jurisdiction of this court, it appears to me that having regard to the true meaning and scope of the provisions of rule 10(2) of of order 1 of the code of civil procedure, it could not be said that the trial court lacked either in inherent or initial jurisdiction to consider and decide the question as to the propriety of adding a defendant to the suit inspire of the opposition of the plaintiff. the powers of the trial court, however, were not unfettered and must be deemed to have been restricted by the terms of the provisions so that the trial court would be entitled to direct the addition of a defendant only after it came to the conclusion that the presence of such a defendant.....
Judgment:

H.L. Anand, J.

(1) Petitioner carried on certain construction after sanction from Municipal Corporation D.D.A. claiming that construction was against lease terms cancelled the lease and threatened re-entry. Petitioner Sued for mandatory injunction that cancellation was wrong and threat of re-entry was illegal. D.D.A. raised preliminary objections that D.M.C. was necessary party and that suit was not maintainable without notice u/s 53 B (1) D.D. Act. Trial Court held these issues against plaintiff and he filed revision in High Court. Maintainality of revision was questioned. It was held on reliance on Sada Nand v. D.D.A. 1973. R.L.R. 295, that revision lies against, decision of a part of cause of action. Para 24 onwards the judgment is :-

(2) It is thus clear that even though the order directing the addition of the Corporation as a defendant to the suit was not a mere procedural order but was an order which was capable of affecting the course of the litigagation, even the outcome of it and capable of affecting the rights and obligations not only of the existing parties to the litigation but even the parties sought to be added as well and would, thereforee, be amenable to the revisional jurisdiction of this Court, it appears to me that having regard to the true meaning and scope of the provisions of Rule 10(2) of of Order 1 of the Code of Civil Procedure, it could not be said that the Trial Court lacked either in inherent or initial jurisdiction to consider and decide the question as to the propriety of adding a defendant to the suit inspire of the opposition of the plaintiff. The powers of the Trial Court, however, were not unfettered and must be deemed to have been restricted by the terms of the provisions so that the Trial Court would be entitled to direct the addition of a defendant only after it came to the conclusion that the presence of such a defendant was necessary in the sense that no decree could be passed in the suit without such a defendant and that the defendant


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