Sardar Gurucharan Singh(Died) Through ... vs Sharad Jain

Chattisgarh High Court

Sardar Gurucharan Singh(Died) Through ... vs Sharad Jain on 30 March, 2026

                                                       1




       Digitally
                          HIGH COURT OF CHHATTISGARH AT BILASPUR
       signed by
       JYOTI
JYOTI  SHARMA
SHARMA Date:

                                              MA No. 100 of 2024
       2026.03.30
       17:04:16
       +0530




                    SARDAR GURUCHARAN SINGH(Died) Through Lrs versus
                    SHARAD JAIN

                                               Order on Board


                    30/03/2026        Mr. Ratnesh Kumar Agrawal,        Counsel for the

                                 Appellant.

                                      Mr.     Rakesh   Kumar    Thakur,    Counsel    for

                                 Respondent No. 1.

Mr. Santosh Soni, G.A. for the State.

Heard on I.A. No. 01/2024 i.e. application under Order 41 Rule 5 of the CPC.

Learned counsel for the appellants/defendants submits that the defendants had specifically taken a plea of non-joinder of necessary parties in the written statement. It is further submitted that on the basis of the said plea, an issue regarding non-joinder of parties 2 was framed by the learned Trial Court and the same was duly considered and decided. Despite the said plea having been raised by the defendants, the plaintiff chosen not to take any steps to implead the alleged necessary parties and instead proceeded to contest the suit. It is further submitted that when the issue of non- joinder of parties was decided against the plaintiff by the Trial Court, the said finding was challenged before the First Appellate Court. However, the First Appellate Court, without properly appreciating the fact that the defendants had already raised the plea of non-joinder of parties in the written statement and that the issue had been framed and adjudicated upon by the Trial Court, remanded the matter on the ground of non- joinder of parties. Learned counsel submits that such remand of the case on the ground of non-joinder of parties is illegal and contrary to the law laid down by the Hon'ble Supreme Court in the case of Moreshar vs. Vyankatesh Sitaram Bhedi, Civil Appeal Nos. 5755-5756 of 2011.

Learned counsel for the respondent/plaintiff submits that although the defendants had taken a plea of non-joinder of necessary parties in the written statement, the learned Trial Court was still duty bound to afford an opportunity to the plaintiff to implead the necessary parties. It is submitted that no such opportunity was granted by the Trial Court and therefore the First Appellate Court has rightly remanded the matter. Hence, the order of remand passed by the First Appellate Court is just and proper.

Considering the fact that the issue of non-joinder of parties was framed by the learned Trial Court on the basis of the plea taken by the defendants in the written statement and the plaintiff, despite the said plea, chose to contest the suit, the learned Trial Court, after considering the submissions of the parties and the evidence led by them, decided the issue of non-joinder of parties and consequently dismissed the suit.

Having considered the entire facts situation of the case, it is directed that further proceedings of Civil Suit 4 No. 91A/2015 (Sharad Jain Vs. Sardar Gurucharan) pending before the Court of 1st Civil Judge, Senior Divison Rajnandgaon shall reamin stayed till the next date of hearing.

Accordingly, I.A.No.1/2024 stands disposed of. List the appeal for hearing after 3 weeks.

Sd/-

(Bibhu Datta Guru) Judge Jyoti