Summary

The petitioners, as plaintiffs, obtained a decree of declaration of title against the Government in Other Suit No. 117 of 2016 before the Joint District Judge, Court No. 2, Kishoreganj, by judgment dated 20.08.2018. The Government appealed. While the appeal was pending, opposite parties Nos. 1 to 4 applied under Order I rule 10 of the Code of Civil Procedure to be added as co-appellants, and the plaintiff-respondents objected. By order dated 11.03.2025 the Additional District Judge, Court No. 2, Kishoreganj allowed the application. The plaintiffs obtained a Rule in revision against that order. No one appeared for either party at the hearing. The High Court Division found that the appellate court had passed a non-speaking order allowing the application without assigning any reason. It disposed of the Rule, set aside the order dated 11.03.2025 and sent the matter back to the appellate court to write a reasoned order on the application for addition of party, following the law, within 30 days of receiving the order.

Issues

1. Q1

   Whether an appellate court's order adding parties as co-appellants, passed without assigning any reason, could be sustained.

Key points

• The appellate court's order allowing the application for addition of party was a non-speaking order passed without assigning any reason.
• A non-speaking order of this kind could not stand, and the order dated 11.03.2025 was set aside.
• The matter was sent back to the appellate court to decide the application for addition of party afresh, assigning reasons following the law, within 30 days of receipt of the order.

Law considered

Code of Civil Procedure, 1908, section 115Code of Civil Procedure, 1908, Order I rule 10