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january 2018

Supreme Court of India · 2018-01-25

Kanaklata Das And Ors. vs Naba Kumar Das And Ors

Citation / case number
AIR 2018 SUPREME COURT 682
Court
Supreme Court of India
Petitioner
Kanaklata Das And Ors.
Respondent
Naba Kumar Das And Ors
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, R. K. Agrawal

Judgment text excerpt

The Supreme Court held that in an eviction suit under the West Bengal Tenancy Act, only the landlord and tenant are necessary parties, as established under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908. The Court reversed the High Court's decision allowing respondent No. 1 to be impleaded as a co-plaintiff, restoring the Trial Court's order which dismissed the application. The ruling emphasizes that additional parties, such as family members claiming interest, do not have a right to join the suit as co-plaintiffs.

Kanaklata Das And Ors. vs Naba Kumar Das And Ors · Niyam