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Any person having substantial interest in disputed property has to be a necessary party in the suit

In Lal Babu Sao v. State of Jharkhand, High Court of Jharkhand at Ranchi  addressed a petition on a title suit wherein the petitioner had initially filed a suit for declaration of his right, title and interest over the land in question and a decree of confirmation of his possession over that land and alternatively, if he was found dispossessed during the pendency of the suit recovery, then khas possession be given to him instead.
In the pending suit, an application for impleadment in the title suit was filed by a third party under Order I Rule 10(2) CPC, to be considered a defendant in the suit. This application was allowed by the Court against which the petitioner filed the present petition.
The counsel for the petitioner submitted that the title suit was instituted against a sole defendant i.e. the State. Allowing the third party’s impleadment would lead to a situation where there would be three persons claiming right, title and interest over the property in question and thus any decision that would be taken in the title suit concerned would affect the petitioner adversely.
The Court held that a person who has any substantial interest in the property in question and as long as his interest is not merely peripheral has to be a necessary party in the suit. The Court acknowledged that any adjudication in the title suit would affect the proceeding of the other title suit filed by the third party seeking impleadment in the main title suit. The mere fact that no relief had been sought against the third party respondent was not sufficient to non-suit him. Dismissing the petition, the Court also observed that the object for adding a party in exercise of power under Order I Rule 10(2) is to avoid multiplicity of litigation.

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