Single judge rejected an application to amend the cause title to add respondents. The court held that the District Judge adjudicated on the basis that these parties were not respondents in the original application.
Application to amend the cause title to include respondents 3 to 7 is rejected.
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IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 591 OF 2013
IN
TRANSFER APPLICATION NO. 7 OF 2012
AVELINE JOHN PINTO` ... Applicant Versus
MR. PRABHAKAR KARKERA AND 6 ORS.
... Respondent
Petitioner in person.
Mrs. A. Agni, Advocate for the Respondent no.1.
Coram:R. M. SAVANT, J. Date:4th October, 2013
P.C:
The above Civil Application has been filed for amending the cause title so as to include the parties which are mentioned in paragraph 7 of the application as respondent nos. 3 to 7. The said parties are parties in the suit but were not joined as respondents to the application filed by the petitioner under section 24 of the C.P.C and only two respondents were shown as party respondents in the said application i.e the plaintiff and one Mrs. Muriel Pint/Defendant no.2. The adjudication by the Learned District Judge is on the said basis. Hence, the petitioner cannot now be allowed to join the said persons as parties who were not parties before the Learned District Judge
2
when the application in question was adjudicated. In my view, no relief can be granted to the applicant in the above civil application. The same is accordingly rejected.
R. M. SAVANT, J.
ap/-
1 issue framed by the court
Whether the applicant can amend the cause title to include additional respondents who were part of the underlying suit but were not joined in the original section 24 CPC application.
Aveline John Pinto
Mr. Prabhakar Karkera
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
