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AIR 1999 SUPREME COURT 976 ::1999 AIR SCW 597
Supreme Court Of India
(From : Allahabad)*
Hon'ble Judge(s): A. S. Anand, M. Srinivasan, S. N. Phukan , JJJ

(A) Civil P.C. (5 of 1908) , O.1 R.10— Necessary parties - Suit by appellants against her sons for decree for maintenance and creation of charge over ancestral properties - Interim injunction granted by Court restraining sons/respondents from alienating property - Property, however, sold by one of the respondents - Purchasers are necessary parties to the suit - Their impleadment is necessary for deciding questions whether sales were committed in contempt and disregard of injunction - And, whether purchasers were bona fide transferees - Multiplicity of suits can be avoided. 1995 AIR SCW 3830, Disting. (Para 8 13) (B) Constitution of India , Art.226, Art.136— Civil P.C. (5 of 1908) , O.1 R.10— Necessary party - Writ petitions before High Court and special leave petitions before Supreme Court - Practise of impleading judicial officer disposing of civil proceedings as contesting respondents, strongly deprecated and should be stopped - Judicial officers cannot be equated to officials of Govt. (Para 14) .....

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