Analyzing the Limitations of Locus Standi in CPC
cpc judiciary advanced pyq_discussionYaar, this one was a doozy from 2018 JJS paper - Q. 16. A decree was passed in favour of A against B. Subsequently, B sells his property to C, who then files an application to set aside the decree on the grounds that the decree was obtained by B through fraud. Can C be a necessary party in the application to set aside the decree? Explain.
Now, the correct approach here is to first see if C is a necessary party or not. If she's a necessary party, then you need to go through the procedure to bring her on record. But if she's not a necessary party, then you don't need to do that. The key is to analyze the relationship between the properties sold by B to C and the decree passed against B in favour of A.
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Yaar, CPC mein locus standi ki sambhavnaa kuch hi cases mein hi hoti hai, jo kayi jaankar koshish karti hai kya court kahaani ko accept kar lega ya nahin. Iske liye, petitioner ko aapna connection aur right ko dikhana hoga. Jitne case hain, utne hi complicated ho jate hain, aur court bhi aapna faisla laga sakta hai kya kahaani relevant hai ya nahin.