K.Balamurugan v. B.Jayachandran
Case brief
What is this about?
Civil Revision Petitions challenging a sub-ordinate court order dismissing petitions to amend plaint and settle impleadment, set aside allowing petitioner to amend petition.
What did the court decide?
Order dated 12.04.2018 set aside, Civil Revision Petitions allowed, petitioner directed to amend plaint and implead third respondent.
What the court decided
C.R.P.(PD)Nos.2784 & 2785 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) Nos.2784 & 2785 of 2018
and CMP No. 16320 of 2018
K.Balamurugan ... Petitioner in both CRPs
Vs
1. B.Jayachandran
2. M/s.Aditya Birla Fashion and Retail Ltd.,
Represented by its authorised Secretary
Vivek.
No.2/120, Santhya House,
Aishwarya Mangala,
Puttur, Dakshin Kanada,
Karnataka State.
3. The Chennai Metropolitan Development Authority,
Rep. by its Member Secretary,
having its office at
Thalamuthu Natarajan Maaligai,
Gandhi Irwin Road, Egmore,
Chennai – 600 008. ... Respondents in both CRPs
Prayer:- Civil Revision Petitions are filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 12.04.2018 made in I.A.Nos.1111 & 1112 of 2017 in O.S.No.289 of 2017 on the file of the Principal District Munsif, Poonamallee.
Page 1 of 4
Issues for consideration
3 issues framed by the court
Whether the lower court erred in dismissing the petition to amend plaint and implead a third respondent without considering that impleadment is necessary for deciding the suit.
Whether the order dated 12.04.2018 setting aside amendments and impleadment warrants interference under Article 227.
Whether the impugned order should be set aside to allow amendment and impleadment.
Parties & counsel
- petitioner
K.Balamurugan
- respondent
B.Jayachandran
- respondent
M/s.Aditya Birla Fashion and Retail Ltd.
- respondent
The Chennai Metropolitan Development Authority
Coram
Case details
As recorded by the court registry
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