Single judge dismissed an application by an intermediary company to be deleted from a suit, holding that its presence was necessary as any decree would bind it.
Application to delete applicant/third defendant from the suit dismissed. Third defendant held to be a necessary party.
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A.No. 3296 of 2024 in C.S(Comm.Div.) No.13 of 2024
P.VELMURUGAN, J
This application has been filed to allow the accompanying application and delete the applicant/third defendant from the array of parties in the above suit.
that there is no cause of action to file the suit as against the third defendant. The applicant/third defendant (company) is only an intermediary and whatever the order that would be passed by this Court, the same will not bind the applicant. Hence, he prays to delete the applicant/third defendant from the array of parties in the above suit.
4. The learned counsel for the first respondent/plaintiff submitted
that the third defendant/Company is also a necessary party to the suit and their presence is absolutely necessary, as any decree that would be passed in the suit, would bind them.
5. On a reading of the plaint averments, it is seen that the plaintiff has made out cause of action against the third defendant also and the third defendant in the written statement undertakes to remove the allegedly unauthorised content listings that the plaintiff identifies and intimates to defendant No.3, in the event of this Court finding in favour of the plaintiff-Company against the first defendant. Therefore, this Court opines that the applicant/third defendant is also a necessary and proper party to the suit. Therefore, this application is dismissed.
10.07.2024 (2/3)
ms
P.VELMURUGAN, J
ms
A.No. 3296 of 2024 in C.S(Comm.Div.) No.13 of 2024
10.07.2024 (2/3)
2 issues framed by the court
Whether the third defendant company is a necessary party to the suit.
Whether the company is bound by the decree passed in the suit due to its role as an intermediary.
Applicant/Third Defendant (Company)
First Respondent/Plaintiff
Second Respondent/First Defendant
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
