AIR 1935 NAGPUR 64

Nagpur High Court

Hon'ble Judge(s): Gruer , J

Civil P.C. (5 of 1908) , O.1 R.10— Partition suit-Preliminary decree passed - Subsequent application to implead person as parties to suit-No injustice by not adding them - They should not be added - O. 1, R. 10 refers to any stages not concluded by decree. Where subsequent to preliminary decree in a partition suit, an application is made to implead certain persons as parties who would have been proper parties if they were joined before the preliminary decree; they cannot be joined after the preliminary decree, as they are not bound by it nor can the Court ignore it and rip up the case again to a point anterior to that decree, especially when no injustice will be done by not adding them: O. 1, R. 10 refers to any stage of proceeding not concluded by a decree :(Para 64C2)