Third-party financial institution sought impleadment as defendant in a property suit, claiming one subject property was mortgaged with it under a loan agreement and title deed deposit. No counter was filed; the court held the applicant a proper and necessary party for effective adjudication.
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A No. 5625 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-01-2026
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
A No. 5625 of 2025 IN
CS NO. 96 OF 2025
M/s.Clix Capital Services Limited Registered Office at W2/14, First Floor, West Patel Nagar, New Delhi 110084, Rep.by its Authorized Officer, Mr.Vinoth Kumar.
Applicant(s)
Vs
A. Sridevi and 12 others D/o.Atcha Rao, W/o.Nambiraj, NO.1/2, Royal Enclave, West Natesan Nagar, M BlockTaisha Housing Board, Chennai - 600 093. AND 12 OTHERS
Respondent(s)
PRAYER: This application has been filed under Order XIV Rule 8 of Code of
Civil Procedure read with Order 1 Rule 10(2) of Code of Civil Procedure
praying to implead the applicant / third party as proposed defendant in C.S.
No.96 of 2025.
For Applicant(s): M/S.V. Balasubramani For Respondents: M/s. R. Thiagarajan [for R1 to R4] Mr. R. Lakshmi Narasimhan [for R5 and R10] Ms. B. Sumithra [for R13]
ORDER
This application has been filed to implead the applicant as one of the defendants in the main Suit.
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A No. 5625 of 2025
registered under the Companies Act and the 5th respondent / defendant had availed a loan to the tune of Rs.7,07,000/- through a Loan Agreement dated 30.07.2024 having tenure of 120 months with monthly instalments of Rs.10,87,131/- and also deposited their title deeds in favour of the applicant. The applicant came to know pendency of the Suit, thereby, filed this application. The applicant is a proper and necessary party to the Suit.
and in order to decide the Suit effectively, the presence of the applicant is also necessary and the applicant is a proper and necessary party.
carry out necessary amendment and to file APC.
6. Post on 04.02.2026.
07-01-2026
[3/4]
mjs Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No
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A No. 5625 of 2025
P.DHANABAL J. mjs
A No. 5625 of 2025 IN CS NO. 96 OF 2025
07-01-2026 [3/4]
Page 3
1 issue framed by the court
Whether a third-party mortgagee financial institution should be impleaded as a defendant in the suit as a proper and necessary party?
2 provisions across 1 enactments
M/s.Clix Capital Services Limited, Rep.by its Authorized Officer, Mr.Vinoth Kumar
A. Sridevi
12 others (respondents 2 to 13)
P. Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
