Impleadment in partition suits extends to agreement-holders with direct interest, to secure complete adjudication and avoid multiplicity.

Order 1, Rule 10(2) CPC permits impleadment of a person whose direct legal or equitable interest in the subject-matter is necessary for complete adjudication and to avoid inconsistent decisions. In a partition suit, an agreement-holder who has paid part of the sale consideration may still have a recognised interest, including a possible statutory charge under Section 55(6)(b) of the Transfer of Property Act, even though title has not passed. Because the applicant's rights would be affected by the partition and allotment, his presence was considered necessary for an equitable and final adjustment of the property, and refusal to implead him was set aside.

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Issues: Whether a person who has entered into an agreement of sale with a coparcener, and who has paid part of the consideration, can be impleaded as a supplemental defendant in a partition suit under Order 1, Rule 10(2) of the Civil Procedure Code.

Analysis: The power under Order 1, Rule 10(2) is broad and is intended to enable the Court to effectually and completely adjudicate upon and settle all questions involved in the suit. The expression is not confined to disputes strictly between existing parties; where a third party has a direct and tangible interest in the subject-matter, his presence may be necessary to avoid conflicting decisions and multiplicity of proceedings. A mere agreement of sale may not transfer title, but it can still create an interest recognised in law, especially where the purchaser has paid part of the price and may have a statutory charge under Section 55(6)(b) of the Transfer of Property Act. In a partition suit, the applicant's rights could be vitally affected by the allotment, and his participation would assist in working out an equitable and final adjustment of the property.

Conclusion: The applicant was entitled to be impleaded as a supplemental defendant, and the refusal to implead him was set aside.

Ratio Decidendi: A person who has a direct legal or equitable interest in the subject-matter of a partition suit may be added under Order 1, Rule 10(2) if his presence is necessary for complete and final adjudication and to prevent multiplicity of suits, even though his interest arises from an executory agreement of sale rather than a completed conveyance.

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