Perumal v. Puttan
Case brief
What is this about?
The Court dismissed a Civil Revision Petition challenging an order dismissing an application to implead proposed third party defendants. The Court held that the plaintiff has the prerogative to determine their adversaries and impleading out of apprehension of collusion is not a ground for revision.
What did the court decide?
No costs. The connected Miscellaneous Petition was closed. The Civil Revision Petition was dismissed.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.02.2019
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.R.P.(PD).No.429 of 2019
and
C.M.P.No.2887 of 2019
1.Perumal
2.Saroja ... Petitioners
Vs
1.Puttan
2.Kumutha
3.Rajesh ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 15.11.2018 in I.A.No.437 of 2018 in O.S.No.54 of 2017 on the file of the learned District Munsif, Harur, by allowing the Civil Revision Petition.
2
ORDER
The Civil Revision Petition has been filed challenging the order of the learned District Munsif, Harur, in I.A.No.437 of 2018 in O.S.No.54 of 2017. The petition in I.A.No.437 of 2018 has
Issues for consideration
2 issues framed by the court
Whether the District Munsif erred in dismissing the application to implead proposed third party defendants?
Whether the apprehension of collusion justifies impleading third parties over the plaintiff's prerogative?
Parties & counsel
- petitioner
Perumal
- petitioner
Saroja
- respondent
Puttan
- respondent
Kumutha
- respondent
Rajesh
Case details
As recorded by the court registry
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