LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
June 15, 2025 at 05:47 AM
↗️ *SUPREME COURT OF INDIA* CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7108 OF 2025 (@SPECIAL LEAVE PETITION (C) NO. 4307 OF 2022) SULTHAN SAID IBRAHIM VERSUS PRAKASAN & ORS. May 23rd, 2025 *Recently clarified that while the power to add or remove parties under Order I Rule 10 of the Civil Procedure Code (CPC) can be exercised at any stage of the proceedings, this does not entitle a party to raise objections to impleadment of a legal heir at a later stage if the parry had sufficient opportunity to raise objections at the stage of Order XXII Rule 4. The Court reasoned that this is because the principle of res judicata applies to impleadment proceedings under Order I Rule 10 CPC.* *“The position of law is well settled that the power to strike out or add a party to the proceedings under Order I Rule 10 can be exercised by the court at any stage of the proceeding. However, the same cannot be construed to mean that when a particular party has been impleaded as a legal heir under Order XXII Rule 4 after due inquiry by the court and without any objections, the party can approach the court anytime later and seek his deletion from the array of parties by filing an application under Order I Rule 10. If at all the appellant was aggrieved by his impleadment as a legal heir, the suitable course of action was to first object to his impleadment under Sub-rule (2) of Order XXII Rule 4. Even then if the Trial Court would have decided against the appellant, it would have been open to him to approach the High Court by filing a revision application against the order of impleadment.”, the court said.*
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