The Madras High Court held that in a suit for declaration and injunction where the plaintiff claimed absolute ownership, the petitioners were neither proper nor necessary parties. The revision petition seeking impleading was dismissed as the coparceners could file a separate partition suit.
Civil Revision Petition dismissed confirming the order of the Court below.
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.
C.R.P.(MD)No.1325 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.R.P.(MD)No.1325 of 2019
1.Boopathy 2.Rajathi 3.Pappa 4.Lakshmi 5.Chellammal 6.Kannamal ... Petitioners / Petitioners/ proposed Plaintiffs 2 to 6 Vs. 1.M.Muniyandi ... 1st Respondent/ 1st Respondent / Plaintiff Prema (Died) 2.Jeyageetha 3.Latha 4.Uma 5.Jeyakannan 6.The Sub Registrar, Nilakottai, Sub Registrar Office, Nilakottai. Respondents/ Respondents 1 to 7 / Defendants 1 to 7
C.R.P.(MD)No.1325 of 2019
Prayer: This Civil Revision Petition is filed Article 227 of the Constitution of India, against the order, dated 28.06.2019, passed in I.A. No.48 of 2019, in O.S.No.41 of 2009, on the file of the District Munsif, Nilakottai.
For Petitioners : Mr.S.Alagarsamy For Respondents : No appearance
ORDER
The instant Civil Revision Petition has been filed against the order, dated 28.06.2019, passed in I.A.No.48 of 2019, in O.S.No.41 of 2009, on the file of the District Munsif, Nilakottai.
petitioners / proposed parties are none other than the siblings and mother of the plaintiff. They filed an application to implead themselves as plaintiffs into the suit on the ground that they are the co-sharers of the property.
C.R.P.(MD)No.1325 of 2019
submissions.
this Court is of the firm view that, only to circumvent the said undertaking, he moved an application through the proposed parties. The
C.R.P.(MD)No.1325 of 2019
same is vindicated from the no objection recorded by the plaintiff in the said application.
C.R.P.(MD)No.1325 of 2019
infirmity in the order passed by the Court below. Hence, the instant
Civil Revision Petition stands dismissed by confirming the order passed by the Court below. There shall be no order as to cost.
14.09.2023
NCC : Yes/No Index :Yes/No Ls
C.R.P.(MD)No.1325 of 2019
C.KUMARAPPAN.,J.
Ls
To
1.The District Munsif, Palani.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
Order made in C.R.P(MD)No.1325 of 2019
14.09.2023
3 issues framed by the court
Whether the proposed parties, being siblings and mother of the plaintiff, are proper or necessary parties in a suit solely for declaration and injunction where the plaintiff claims absolute ownership.
Whether the impleading application was filed to circumvent a previous undertaking not to file interlocutory applications.
Whether the order of the Court below refusing the impleading application is without infirmity.
2 provisions across 1 enactments
Boopathy
Rajathi
M.Muniyandi
The Sub Registrar, Nilakottai
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
