Son's Right to Be Impleaded in Property Dispute: Delay Not a Valid Ground - Rules High Court"

In a significant legal precedent, the Punjab and Haryana High Court delivered a judgment on September 29, 2023, affirming the right of a son to be impleaded as a party in a property dispute, even when the construction in question was carried out by him. The case, which was filed as a Civil Revision under Article 227 of the Constitution of India, challenged an order by the Trial Court to allow the impleadment of the son as defendant no.2 in a lawsuit for permanent injunction.

The plaintiff had initiated the lawsuit against the defendant, claiming that construction was taking place near his property, causing harm and seeking a mandatory injunction to remove it. The defendant, in his written statement, contended that he had no involvement in the construction, and it was carried out by his son.

The plaintiff subsequently filed an application under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure (CPC) to implead the son as defendant no.2, arguing that the property was owned by the son as per the defendant's own admission in his written statement.

The defendant opposed the application, asserting that it was time-barred and aimed at delaying the proceedings. However, the High Court, in its observation, emphasized the familial connection between the father and son and noted that in their society, a son and father are not considered separate entities.

The judgment stated, "In a society where a son and father are not separate entities, and the son is the owner and constructor of the suit property, the son is a necessary party to the suit. Delay is not a valid ground to deny impleadment."

In the final disposition, the High Court upheld the Trial Court's order, allowing the son to be impleaded as defendant no.2 in the lawsuit. The Civil Revision filed challenging this order was found to be without merit and was dismissed.

The judgment serves as a crucial legal precedent in cases where property disputes involve family members and highlights the importance of considering familial relationships when determining party impleadment.

This landmark decision clarifies that familial connections and property ownership are significant factors in deciding impleadment, emphasizing the principle that family members are integral parties to property disputes.

Date of Decision: 29 September 2023

Dr. Bijender @ Vijender Kumar  vs Mehar Singh and another