S.Sankar v. Soodamani
Case brief
What is this about?
The court allowed the Civil Miscellaneous Petition to implead a lispendence purchaser as the 16th respondent in the Second Appeal, directing registry to amend the cause title and issue fresh notices.
What did the court decide?
Impleadment of the 16th respondent allowed; Registry directed to amend cause title; Fresh notice issued.
What the court decided
C.M.P. No. 15066 of 2024 in S.A.No.956 of 2008
C.M.P. No. 15066 of 2024
in
S.A.No. 956 of 2008
T.V. THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking to implead the proposed 16th respondent as a necessary party in the above Second Appeal.
- The learned counsel for petitioner/16th proposed respondent would submit that he filed this petition praying to implead him as 16th respondent in the above Second Appeal stating that during the pendency of proceedings, a third party to the appeal, he purchased the suit property from 5th defendant.
- The learned counsel for respondents appeared and they raised
formal objections to allow this petition.
- Admittedly, his purchase is a lispendence purchase, but impleading him as a party to the proceedings, would not cause any hardship and at the same time, it would avoid multiplicity of proceedings. Therefore, this Court is inclined to allow this petition and to implead him as 16th respondent in the above Second Appeal. Registry is directed to carry out necessary amendment in the cause title of the above Second Appeal
Issues for consideration
1 issue framed by the court
Whether the learned court is inclined to allow the impleadment of a lispendence purchaser as the 16th respondent in the second appeal.
Parties & counsel
- petitioner
T.V. THAMILSELVI
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court