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.