1992 AIR SCW 846 ::(1992) 1 LS 15 ::(1992) 2 RRR 224 ::(1992) 2 MahLR 395 ::1992 SCFBRC 223 ::1992 UJ(SC) 2 181 ::(1992) 2 CivLJ 51 ::(1992) 2 All RentCas 57 ::(1992) CivilCourtC 125 ::(1993) CivilCourtC 125 ::1992 (2) SCC 524 ::1992 All CJ 2 888 ::(1992) 1 CurCC 594 ::(1992) 3 Bom CR 110 ::(1992) 2 All WC 1134 ::(1992) 2 Mad LW 720 ::(1992) 1 RenCR 644 ::(1992) 2 SCJ 149 ::(1992) 2 SCR 1 (SC) ::1992 HRR 403 ::(1992) 1 CurLJ(CCR) 541 ::(1992) 2 JT 116 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): M. Fathima Beevi, S. C. Agrawal , JJ

Civil P.C. (5 of 1908) , O.1 R.10— Addition of parties - Suit relating to property - Party to be added must have direct interest in disputed property - Suit by licensee of premises challenging demolition notice issued by Municipality as regards two chatties put by him - Licensor, the lessee of premises having no interest in chatties - Not necessary or proper party - Cannot be added on mere ground that he has interest in sustaining action of municipality or has in his possession relevant evidence. W. P. No. 4229 of 1989, D/-13-10-1989 (Bom), Reversed. As regards the question of addition of parties to suit under 0.1, R. 10. A clear distinction has been drawn between suits relating to property and those in which the subject-matter of litigation is a declaration as regards status or legal character. In the former category, the @page-SCW847 rule of present interest as distinguished from the commercial interest is required to be shown before a person may be added as a party. It cannot be said that the main object of the rule is to prevent multiplicity of actions though it may incidentally have that effect. But that appears to be a desirable consequence of the rule rather than its main objective. The person to be joined must be one whose presence is necessary as a party. What makes a person a necessary party is not merel....