Introduction

The concept of implementing a petition is enshrined in the Code of Civil Procedure, 1908. The principle of implementing a petition is basically used for adding a new party in a suit. The concept of implementing a petition is essential to give relief to all the parties involved in a suit.

Provision

Order 1 rule 10 of the CPC, 1908 gives the power to the court to add a party to a suit at any stage of the proceedings, if the court thinks that presence of that party is important for fair adjudication of the suit , then court can add the person or and organization as a party to a suit. This can help to give relief to every affected person in a suit.

Judicial Interpretations

The court in various judgments had upheld the concept of implementing a petition. In the case of Kasturi vs. Uyyamperumal and others (2005) 6 SCC 733, the honorable court has given two grounds for determining “Necessary Person” to a suit, it enumerates two grounds for deciding necessary person, which are;

1. There must be some right to relief against such a person regarding the controversies involved in the suit.
2. If the court thinks that the presence of such a person will help in the fair adjudication of the matter and without adding such a person the adjudication cannot be done.

Conclusion 

Hence, it can be concluded that the concept of implementing a petition carries a very significant principle which is essential for the sake of justice, equity and good conciseness. As the grant of impleading a petition depends on the discretion of the court, the court has the responsibility to grant such a petition if it is necessary for fair pronouncement of the decision.

In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participated to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

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