The High Court dismissed a petition seeking impleadment as Appellant in A.S.No.178 of 2022. The court held that the petitioner had previously sought impleadment in a related interim application which was dismissed, with the ground of dismissal applying to the instant petition as well.
None; petition for impleadment dismissed.
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.M.P.Nos.18603 of 2024 in A.s.No.178 of 2022
C.M.P.Nos.18603 of 2024 in A.S.No.178 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
Learned Counsel for the Petitioner/Appellant submits that the
Petitioner seek to implead himself as Appellants 3 in A.S.No.178 of 2022.
1/3
C.M.P.Nos.18603 of 2024 in A.s.No.178 of 2022
case. The Petitioner in C.M.P.No.18603 of 2024 claims that he is a third party and he also was a party in the petition in I.A.No.515 of 2015. He was Petitioner-13 in I.A.No.515 of 2015. The first Petitioner only had filed C.M.P.No.662 of 2023 in A.S.No.178 of 2022.
before this Court that the Petitioner in C.M.P.No.18603 of 2024 had suppressed the fact that he was one among the Petitioners in I.A.No.515 of 2015 and had filed this petition.
no information regarding the same as per instructions. On perusal of the order passed in I.A.No.515 of 2015 in O.S.No.202 of 2012 and petition enclosed in the typed set by the learned Counsel for the Petitioner, it is found that the Petitioner herein in C.M.P.No.18603 of 2024 in A.S.No.178 of 2022, also the Petitioner-13 in I.A.No.515 of 2015 in O.S.No.202 of 2012. Therefore, what was applicable to the Petitioner in C.M.P.No.662 of 2023 is applicable to the Petitioner in C.M.P.No.18603 of 2024 also and on the same ground, the petition is dismissed.
2/3
C.M.P.Nos.18603 of 2024 in A.s.No.178 of 2022
28.11.2024
shl
SATHI KUMAR SUKUMARA KURUP, J.,
shl
C.M.P.Nos.18603 of 2024 in A.s.No.178 of 2022
28.11.2024
3/3
3 issues framed by the court
Whether the petitioner is a third party who filed I.A.No.515 of 2015 and should have appealed from its dismissal.
Whether the petitioner is not entitled to implead himself as Appellant in A.S.No.178 of 2022.
Whether the rejection of previous impleadment application bars the present petition.
SATHI KUMAR SUKUMARA KURUP
ALLIED PARTIES
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
