Plaintiff in a suit over management of a society running a B.Ed. college sought to implead State higher-education officials as additional defendants; the trial court refused. The High Court held the dispute was inter se between society members and the officials were not necessary parties, dismissing the writ petition.
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NC: 2024:KHC:20017 WP No. 7408 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.7408 OF 2024 (GM-CPC)
BETWEEN:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
(BY SRI OMPRAKASH B.V., ADVOCATE)
AND:
…PETITIONER
NC: 2024:KHC:20017 WP No. 7408 of 2024
…RESPONDENTS
NC: 2024:KHC:20017 WP No. 7408 of 2024
(BY SRI YOGESH D. NAIK, AGA FOR R.1 TO R.4; SRI V. LAKSHMAIAH, ADVOCATE FOR R.5; NOTICE TO R.5 TO R.7 IS DISPENSED WITH.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO QUASH THE ORDER PASSED BY THE ADDITIONAL CITY CIVIL COURT, BANGALORE IN O.S.NO.8054/1997, C.H.38 ORDER DATED 20.12.2023 ON I.A.NO.20/2023 THE ANNEXURE-D AND CONSEQUENTLY ALLOW THE INTERLOCUTORY APPLICATION UNDER ORDER 1 RULE 10(2) OF CPC, 1908, ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
No.8054/1997. The suit has been filed with the following
prayer:
"WHEREFORE, Plaintiffs pray that this Hon'ble Court be pleased to pass a judgment and Decree:-
(i) Declaring that the Defendants have no authority to interfere with the affairs and Manage of B.Ed. College of KSEF at Tumkur and that the Plaintiffs continue to be the Secretary and Chairman of the KSEF College of Education, Northern Extension, Tumkur.
NC: 2024:KHC:20017 WP No. 7408 of 2024
2. In the course of the proceedings, an application was
filed to implead the following persons as party to the proceedings:
"For that for the Reasons stated in the accompanying Affidavit this Honble Court be pleased to implead the following as Additional Defendants in the Interest of Justice and Equity.
Kalidasa Road, Gandhinagar Bangalore-560 009.
The trial court has rejected the said application. Aggrieved by the same, the present writ petition is filed.
was not well with the Society concerned, the Government in fact had appointed an Administrator and the affairs of the Society is still managed by the Administrator.
the Society. The petitioner has failed to point out how the Government of Karnataka, Department of Higher Education; the Commissioner, Department of Collegiate Education; the Joint Director, Department of Collegiate
NC: 2024:KHC:20017 WP No. 7408 of 2024
Education or the Assistant Commissioner of Tumkur
Division are just and necessary parties to the proceedings.
hkh.
Sd/JUDGE
1 issue framed by the court
Were the State education authorities necessary and proper parties to be impleaded in a suit between members of a society managing a college?
2 provisions across 2 enactments
Sri P. Thippaiah (Ex. M.L.A and Ex. M.L.C), President, The Karnataka State Education Federation College of Education Northern Extension Tumkur, represented by i
The Principal Secretary, Higher/University Education, Government of Karnataka
The Commissioner, Department of Collegiate Education
The Joint Director, Bangalore Region, Department of Collegiate Education
The Assistant Commissioner, Tumkur Division
Sri G.K. Ramaiah, Secretary, The Karnataka State Education Federation
M.I.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
