THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Revisional Jurisdiction)
th
Dated : 28 October, 2024
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SINGLE BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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CRP No.07 of 2024
Petitioners/Revisionists : Sangay Doma Bhutia and Others
versus
Respondents : M/S Yama Enterprises Private
Limited and Another
Application under Section 115 read with Section
151 of the Code of Civil Procedure, 1908
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Appearance
Mr. Zangpo Sherpa, Advocate with Mr. Bhaichung Bhutia, Advocate
for the Petitioners/Revisionists.
Mr. Anmole Prasad, Senior Advocate with Mr. Sagar Chettri,
Advocate for the Respondent No.1.
Mr. S. S. Hamal, Senior Advocate with Mr. Varun Pradhan and Ms.
Beneeta Gurung, Advocates for the Respondent No.2.
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ORDER
Meenakshi Madan Rai, J.
1.
The Revisionists herein impugns the Order dated 21-
09-2023, of the Court of the Learned District Judge, Special
Division I, Sikkim, at Gangtok, in Title Suit No.26 of 2022 (M/s.
–
Yama Enterprises Private Limited vs. Chewang Lhamu Bhutia),
whereby the application under Order I Rule 10(2) read with Section
151 of the Code of Civil Procedure, 1908, filed by the Revisionists,
seeking impleadment as Defendants in the Suit was rejected.
2.
It is submitted by Learned Counsel for the Revisionists
that on coming to learn that Title Suit No.26 of 2022, had been
filed by the Respondents for declaration, recovery of possession
and consequential reliefs, Written Statement thereto was filed by
the Respondent No.2 along with Counter-Claim, inter alia seeking a
declaration that the suit property is in the name of Late Thukchuk
CRP No.07 of 2024 2
Sangay Doma Bhutia and Others vs. M/S Yama Enterprises Private Limited and Another
Lachungpa and that he was the sole owner of the property. That,
in such circumstances as the Revisionists No.1 and 2 i.e., are the
widows of Late Thukchuk Lachungpa, and Revisionists No.3 and 4
are their respective progeny, all four are necessary and proper
parties and ought to be impleaded in the said matter. That, the
Learned Trial Court erroneously concluded that the Revisionists are
not necessary parties to the Suit reasoning that the cause of action
was with regard to possession and enjoyment of the suit property
by the Defendants, in which other family members or the other
widows of Late Thukchuk Lachungpa including the opposing
Revisionists had no role to play and the Petition was accordingly
dismissed, hence the instant Petition.
3.
Learned Senior Counsel appearing for the Respondent
No.1 objecting to the said Petition submits that the dispute in the
Title Suit is limited to the ownership of the suit property which was
gifted by Late Thukchuk Lachungpa to the Respondent No.1 and
has nothing to do with the other parties. Should the Revisionists
be impleaded as parties the nature and scope of the Suit would be
enlarged beyond the prayers made in the Plaint.
4.
Learned Senior Counsel for the Respondent No.2
submitted that he has no objection to the Petition as he is of the
view that the Revisionists are necessary and proper parties to the
dispute.
5.
Having heard Learned Counsel for the parties and
perused the relevant records, it is seen that the Revisionists’ claim
to be the widows and children of Late Thukchuk Lachungpa.
Considering the nature of the dispute, I am of the view that not
only are they proper parties to the Title Suit but they are indeed
necessary parties to the Suit as without their presence no orders
CRP No.07 of 2024 3
Sangay Doma Bhutia and Others vs. M/S Yama Enterprises Private Limited and Another
can be passed effectively by the Learned Trial Court. Should the
Revisionists not be impleaded as parties it would lead to
multiplicity of proceedings. Hence, the Petition is allowed and
disposed of accordingly.
6.
The impugned Order of the Learned Trial Court is
accordingly set aside.
7.
The Learned Trial Court shall implead the Revisionists
herein as Defendants and the matter shall be taken up and
disposed of expeditiously.
8.
Copy of this Order be forwarded forthwith to the
Learned Trial Court for information and compliance.
( Meenakshi Madan Rai )
Judge
28-10-2024
Approved for reporting : Yes
ds/sdl