In a significant ruling, the Delhi High Court has dismissed a petition filed by Vijender Tanwar, who sought to intervene in a long-pending civil suit concerning possession of agricultural land in Chhattarpur, Delhi. The original suit, instituted in 1992 by the predecessor of respondent Anand Tyagi, seeks a permanent injunction to prevent alleged interference by the defendant in the plaintiff’s possession.
Tanwar, claiming ownership of the same land through unregistered documents executed in 2010, approached the trial court in 2018 seeking to be impleaded as a party under Order I Rule 10 of the Code of Civil Procedure. His plea was rejected, prompting him to invoke the supervisory jurisdiction of the High Court under Article 227 of the Constitution.
Justice Girish Kathpalia upheld the trial court’s order, ruling that Tanwar was neither a necessary nor a proper party to the injunction proceedings. The Court stressed that the underlying lawsuit concerns only the plaintiff’s possession and alleged threats of interference by the defendant—not ownership or title disputes. Introducing Tanwar, who asserts an independent claim of ownership, would fundamentally alter the character of the suit and convert it into a complex title dispute.
The Court observed that Tanwar’s claim flows entirely from one P.D. Aggarwal, whose similar impleadment application had been dismissed earlier. Since the petitioner could not claim a superior right over his predecessor-in-interest, the earlier finding weighed heavily against his request.
Additionally, the Court noted the petitioner’s “surreptitious silence” for eight years—acquiring the alleged rights in 2010 but seeking impleadment only in 2018, when the suit was already at the stage of final arguments. Citing Supreme Court precedent, the Court emphasized that late interventions by strangers, which may cause a de novo trial, should not be entertained.
Concluding that no perversity or illegality existed in the trial court’s order, the High Court dismissed the petition and all accompanying applications. The original injunction suit will continue solely between the parties originally involved, without expansion into broader ownership disputes.
Vijender Tanwar v. Girwar (Deceased) through LR Anand Tyagi & Anr., decided on : 17-11-2025