Application to implead General Secretary of a Taekwondo Association as sixth defendant in a suit challenging election results. Court directed impleadment of applicant over existing secretary.
Application allowed; Plaintiff directed to implead H.Balasubramani as sixth defendant and amend plaint.
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A.No.962 of 2022
A.No.962 of 2022 in C.S.No.359 of 2021
P.VELMURUGAN.,J
This application has been filed by the third party to implead him as 6th defendant in the suit.
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A.No.962 of 2022
documents annexed with the plaint. Therefore, he has rightly been impleaded as fourth and fifth respondents in the application as the third and fourth defendants in the suit.
that, the fifth respondent is the actual General Secretary of the fourth respondent Association. The proposed party has nothing to do with the Association and in order to confuse the Court, he has come forward with this application. He is neither a necessary party, nor proper property to the suit. His presence is absolutely not necessary in the suit. Hence, he prayed that the application may be rejected.
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Taekwondo Association ” represented by its General Secretary by one Mr.P.Selvamani, whereas, the applicant has stated that Mr.P.Selvamani has been removed from the said post and now, the applicant namely Mr.H.Balasubramani has been acting as a General Secretary. Further, he obtained an order of stay in W.P.No.18444 of 2021. Whether the proposed party is a General secretary or the fifth respondent/Selvamani is the General Secretary or not, has to be decided only in the suit if necessary at the time of disposal of the suit after trial. Since already the fourth respondent Association has been impleaded as the third defendant in the suit, once again there is no need to implead him. Only H..Balasubramani has to be impleaded as one of the defendants in the suit.
as sixth defendant in the suit in individual capacity.
amendment in the plaint and file the copy of the amended plaint.
any.
29.03.2022
mfa
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A.No.962 of 2022
P.VELMURUGAN.,J
mfa
A.No.962 of 2022 in C.S.No.359 of 2021
29.03.2022
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1 issue framed by the court
Whether the applicant (General Secretary) is a necessary party to be impleaded as a defendant in the suit.
H.Balasubramani
Plaintiff
Mr.P.Selvamani
Tamil Nadu Taekwondo Association
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
