Revision petition challenging the Family Court's impleadment application was dismiss ed. Court allowed proposed purchasers to appear through counsel without personal appearance.
Permission granted to appear through counsel; order to not insist personal appearance.
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.296 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(MD)No.296 of 2023 and C.M.P(MD)No.1432 of 2023
1.D.Thangaraj Pandian
2.M.Dharmalingam ... Petitioners/ Proposed Defendants/ Third Parties Vs. 1.V.Chandrakumar ... 1st Respondent/ Petitioner/Plaintiff 2.Vijayarani ... 2nd Respondent/ 1st Respondent/Defendant
PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to strike of the I.A.No.1952 of 2022 in O.S. No.14 of 2018 on the file of the Family Court, Madurai and the entire suit proceedings before the Court below are without jurisdiction and allow the above Civil Revision Petition.
For Petitioners : Mr.B.Prahalad Ravi
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C.R.P(MD)No.296 of 2023
ORDER
The present revision petition has been filed to strike of an interlocutory application filed by the plaintiff to implead the present
revision petitioners in a suit for declaration and injunction.
from the defendant who is the wife of the plaintiff, pending suit. The plaintiff seeks to implead the power agent of the defendant and the purchaser as the proposed parties in the suit and he had filed I.A.No.1952 of 2022 to implead the proposed parties. Without filing a counter in the said application, the present revision petition has been filed to strike of the said interlocutory application.
C.R.P(MD)No.296 of 2023
person on each occasions. Further, the revision petitioners being purchasers from the defendant pending suit, they are necessary parties to protect their rights.
08.02.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
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C.R.P(MD)No.296 of 2023
To
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C.R.P(MD)No.296 of 2023
R.VIJAYAKUMAR ,J.
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Order made in C.R.P(MD)No.296 of 2023
08.02.2023
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2 issues framed by the court
Whether the Family Court has grounds to insist on the personal appearance of proposed third party purchasers in pending suit proceedings.
Whether the interlocutory application for impleading proposed parties should be struck off.
D. Thangaraj Pandian
M. Dharmalingam
V. Chandrakumar
Vijayarani
R. Vijayakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
