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Supreme Court of India 2017-02-02 allowed

Richard Lee vs Girish Soni and Anr

Bench: 2 — Kurian

In Brief

Richard Lee sought impleadment as a necessary party in an eviction petition filed against a shop tenant in Delhi. The dispute concerned whether a partnership firm (M/s. K.K. Lee) or an individual was the original tenant. Lower courts rejected his impleadment. The Supreme Court held that when tenancy status is disputed, all partners and the firm must be proper parties to enable complete adjudication. The Court exercised suo motu power under Order I Rule 10 CPC to implead the firm and all partners as respondents, directing them to appear before the Rent Controller and file their responses. The interim deposit order of Rs.75,000 per month was continued."

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Civil Procedure Rent Control Tenancy Eviction Impleadment Partnership Landlord-Tenant Law

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