Application filed by third party seeking to be impleaded as defendants in a title suit. Court held applicants are proper parties and ordered registry to amend plaint to implead them.
Registry directed to carry out necessary amendment in plaint to implead applicants.
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.
A.No.3708 of 2021 in C.S.No.724 of 2018
A.No.3708 of 2021 in C.S.No.724 of 2018
P.VELMURUGAN, J.
This application has been filed by 3rd party seeking to implead themselves as defendants 5 & 6 in the above suit.
2 The learned counsel appearing for the applicants would submit that they have entered into a contract with the fourth defendant and therefore they are the necessary parties and without their presence, no effective decision can be arrived in the suit.
3 The learned counsel appearing for the respondents 2 to 4 would
submit that they are the owners of the suit properties and they have entered into a contract with the builder and the dispute is between the owner and the builder. Therefore the present applicants are nothing to do with the present suit and if at all they have any grievance, that should be ventilated by way of separate suit. Now, the question before this Court in the present suit is whether the Plaintiff Temple has got declaratory title over the suit properties or not and therefore the applicants
has no role in it.
1/3
A.No.3708 of 2021 in C.S.No.724 of 2018
4 Heard the learned counsel on either side and perused the materials
available on record.
5 The present suit has been filed for declaration of the title over the suit properties. This application has been filed seeking to implead the applicants as defendants in the suit saying that they have entered into a contract with the present defendants and they have right over the suit properties. A careful reading the averments made in the application and the counter filed, this Court finds that even though, the applicants are not necessary party, but, they are proper party. If the application is allowed and the applicants are impleaded in the present suit, no prejudice would be caused to either parties.
6 Accordingly, this application is ordered. Registry is directed to carryout necessary amendment in the plaint. Learned counsel appearing for the first respondent/plaintiff is directed to file the amended plaint.
List the matter on 09.03.2022
09.02.2022
cgi
2/3
A.No.3708 of 2021 in C.S.No.724 of 2018
P.VELMURUGAN, J.
cgi
A.No.3708 of 2021 in C.S.No.724 of 2018
09.02.2022
3/3
2 issues framed by the court
Whether the applicants are necessary or proper parties to be impleaded in the suit seeking declaration of title.
Whether impleading the applicants as defendants would cause prejudice to existing parties in the suit.
Applicants
First Respondent/Plaintiff
Temples (as applicants impleading as)
Respondents 2 to 4
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
