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october 2007

Supreme Court of India · 2007-10-22

RABINDRA KUMAR SHAW (D) BY LRS. vs MANICK LAL SHAW

Citation / case number
SC 2005/17434
Court
Supreme Court of India
Petitioner
RABINDRA KUMAR SHAW (D) BY LRS.
Respondent
MANICK LAL SHAW
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the dismissal of the plaintiff's application for temporary injunction was justified due to the non-impleadment of necessary parties, specifically the three sons of the defendant who were co-owners of the property, as per Order 1 Rule 10(2) and Section 151 of the CPC. The Court emphasized that without all co-owners being parties to the suit, no effective order of injunction could be granted. The appeal was allowed, and the High Court's order was set aside, allowing the case to proceed on merits.

RABINDRA KUMAR SHAW (D) BY LRS. vs MANICK LAL SHAW · Niyam