Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.

There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek reliefs he claimed in the suit and these reliefs are only available under section 42 of the Specific Relief Act…….(22) 

No Court can pass a decree which is unexecutable

The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and delivered to the applicant, as such, if any decree be passed against title and pos­session less defendant No.1 then that decree would be unexecutable as it is a settled principle of law that no court could pass any decree which if passed would be unexecutable and infractuous.

3rd party peti­tioner on the basis of deed of gift and also purchase are possessing the suit land, as such, unless they be made party in the instant suit, if there be any decree passed, that cannot be executed and no Court can pass a decree which is unexecutable.

3rd party petitioner has to be added as necessary party

3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party in the instant suit on independent count and both count petitioner can be added as necessary party……..(9,10,11)