This judgment dismissed a civil revision petition seeking to set aside the dismissal of an application for impleading a fourth defendant. The Full Court held that the trial court acted with cogent reasons and no interference was warranted.
It is ordered that the Trial Court dispose of the suit within three months without any further adjournment.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2018
CORAM
THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN
C.R.P(MD).No.892 of 2018 and CMP(MD).No. 3956 of 2018
M.Mariappan
... Petitioner
Vs.
1.Sudalaimuthu @ Selvaraj
2.Arumugam
3.Malliga
4.S. Veilammal ... Respondents
Prayer: This Petition is filed under Article 227 of the Constitution of India to call for the records in I.A.No.752 of 2016 in O.S.No.114 of 2012 on the file of the District Munsif Court, Kovilpatti, Tuticorin District and set aside the same and allow this revision petition.
For Petitioner ... Mr. S. Muthalraj
ORDER
This Civil Revision Petition has been filed to call for the records in I.A.No.752 of 2016 in O.S.No.114 of 2012, on the file of the District Munsif Court, Kovilpatti, Tuticorin District.
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(a) this Civil Revision Petition is dismissed confirming the order passed inI.A.No.752 of 2016 in O.S.No.114 of 2012, on the file of the District Munsif Court, Kovilpatti, Tuticorin District. In the result, this Civil Revision Petition is dismissed.
(b) The Trial Court is directed to dispose of the suit in O.S.No.114 of 2012, within a period of three months from the date of receipt of a copy of this order, without giving any further adjournment to the parties concerned, on day-to-day basis and the parties are also directed to give their fullest co-operation for early disposal of the above said Suit.
No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(T&P)
/True Copy/
Sub Assistant Registrar
To
https://hcservices.ecourts.gov.in/hcservices/ 1.The District Munsif Court, Kovilpatti, Tuticorin District.
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2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies)
AE/SV MMS/SAR2/29.05.2018/3P/5C
C.R.P(MD).No.892 of 2018 and CMP(MD).No. 3956 of 2018 20.04.2018
2 issues framed by the court
Whether the trial court rightly dismissed the application for impleading a proposed fourth defendant as a necessary party to the suit.
Whether there is any irregularity or illegality in the dismissal of the interlocutory application warranting intervention under Article 227.
2 provisions across 2 enactments
M.Mariappan
1.Sudalaimuthu @ Selvaraj
2.Arumugam
3.Malliga
4.S. Veilammal
M.V. Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
