Single judge allowed an application by a second plaintiff in a civil suit to be deleted from the cause title. The court held a person cannot be compelled to continue in a suit and observed no prejudice would result from such relief.
Application allowed; Applicant relieved from the suit and name directed to be deleted from cause title.
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A.No.543 of 2022 in C.S.No.232 of 2021
P.VELMURUGAN.,J
This Application has been filed by the applicant/second plaintiff to delete his name from the array of parties in the suit in C.S.No.232 of 2021.
without prejudice to that he is also an interested person and the same has also been narrated in the plaint. Learned counsel for the first defendant has no serious objection to relieve the second plaintiff from the suit. Even after relieving him, the suit is maintainable. In support of his contentions, he placed reliance upon the judgment reported in 2012 SCC Online Mad 2368 [The Sengunthar Charitable Trust rep. By its Secretary and others Vs. Manickam and others]
affidavits.
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application to relieve him from the suit. The Court cannot compel a person to continue in the suit either as a plaintiff or as a defendant.
01.03.2022
mfa
P.VELMURUGAN.,J
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mfa
A.No.543 of 2022 in C.S.No.232 of 2021
01.03.2022
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1 issue framed by the court
Whether an arrayed plaintiff can be relieved from continuing in a civil suit after completion of pleadings.
Colour shows how this judgement treated each authority
The Sengunthar Charitable Trust rep. By its Secretary and others Vs. Manickam and othersReferred¶8
2012 SCC Online Mad 2368 [The Sengunthar Charitable Trust rep. By its Secretary and others Vs. Manickam and others] · Who else cites this
Second Plaintiff/Applicant
First Plaintiff
First Respondent/First Defendant
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
