The court set aside the lower court's order allowing impleadment of respondents who were alleged agents collecting fees, holding them not necessary parties as the suit concerns privity of contract between the petitioner and the 8th respondent.
The impugned order allowing impleadment of respondents 1 to 6 is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2016/28TH MAGHA, 1937
OP(C).No. 1219 of 2015 (O)
AIA NO. 944/15 IN OS.NO. 345/2009 OF PRINCIPAL MUNSIFF COURT, ALAPPUZHA DATED 13-03-2015
PETITIONER/RESPONDENT/PLAINTFF :
KOYA (54) S/O. YUSUF, VIP COMPOUND, VALIYAKULAM WARD ALAPPUZHA.
BY ADV. SRI.K.V.SADANANDA PRABHU
RESPONDENTS/PETITIONERS/STRANGERS & DEF.NO. 2 & 3 :
1. BASHEER AHAMMED, S/O. DARUL AHAMMED, PALACE WARD,
ALAPPUZHA-688001.
2. SAIFUDEEN A., KOCHUKAMPIYIL, ZACHARIA BAZAR,
ALAPPUZHA-688 012.
3. XAVIER JOSEPH, CHENNAKKATTU, THIRUMALA WARD,
ALAPPUZHA – 688 001.
4. AFSAL KHAN, ZAIBUNISA MANZIL,
STADIUM WARD, ALAPPUZHA- 688001.
5. FAIZAL P.M.,
6. THAJUDEEN P.M., PUTHENCHIRA PUTHENVEEDU, CHUNGAM WARD, ALAPPUZHA-688 001.
...2/-
OP(C).No. 1219 of 2015 (O) -2-
7. MOHAMMED RAFEEK, S/O.A.B.MUHAMMED ISMAIL, PROPRIETOR SILVER STAR CABLE CORPORATION REHNA BUILDING SOUTH OF COLLECTORATE JUNCTION ALAPPUZHA, RESIDING AT S.S. PALACE, PALACE WARD MULLACKAL VILLAGE, ALAPPUZHA- 688 001.
8. SEVEN STAR INFORMATION TECHNOLOGY P. LTD., REPRESENTED BY ITS MANAGER, REHNA BUILDING SOUTH OF COLLECTORATE JUNCTION, ALAPPUZHA - 688001.
R1 TO R6 BY ADV. SRI.S.SANAL KUMAR R1 BY ADVS. SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA SRI.M.T.SURESHKUMAR
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...3/-
OP(C).No. 1219 of 2015 (O)
APPENDIX
PETITIONERS' EXHIBITS :
EXT P4:ORDER OF THE MUNSIFF COURT ALAPPUZHA IN IA 944/2015 IN OS. 345/09 DTD 13/3/2015
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
K.ABRAHAM MATHEW J.
O.P.(C)No.1219 of 2015
Dated this the 17th day of February, 2016
JUDGMENT
This Original Petition arises from O.S.No.345 of 2009 of Munsiff Court, Alappuzha. It was instituted by the petitioner. The suit is for a declaration relating to the right to operate cable TV network in Alappuzha. The 7th respondent/1st defendant admittedly had the right to operate it. The petitioner/plaintiff claims to have purchased it from him. The 8th respondent/2nd defendant also has raised the same claim. Respondents 1 to 6 filed I.A.No.944 of 2015 to get themselves impleaded as additional defendants, which has been allowed by the trial court by Ext P4 order. Its correctness is challenged.
O.P.(C)No.1219 of 2015 2
collect subscription fees, they have no right to be heard in the suit. A necessary party is a party in whose absence a complete and effective decree cannot be passed. To decide the dispute between the petitioner and 8th respondent presence of respondents 1 to 6 is not at all necessary. They have no right to be impleaded. The lower court went wrong in allowing their application. The impugned order is liable to be set aside.
In the result, this Original Petition is allowed. The impugned order is set aside.
Sd/- K.ABRAHAM MATHEW JUDGE
cms
/True copy/ P.S.to Judge
2 issues framed by the court
Whether respondents 1 to 6 are necessary parties to the suit regarding the right to operate a cable TV network.
Whether the lower court was correct in allowing the impleadment application of respondents 1 to 6.
Koya
Mohammed RafEEK
Seven Star Information Technology P. Ltd.
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
