Ezhil Arasu v. S.Praveen Metha
Case brief
What is this about?
Madras High Court order dated 10-03-2026 dismissing CMP No. 31126 of 2025 (in AS No. 149 of 2017): the prayer by petitioner L.Ezhilarasu to be transposed as 4th appellant in the Appeal Suit was refused on the stated ground that he was ex parte during trial, did not participate in the trial court proceedings and did not file a written statement, and was therefore held unable to join the appeal as a further appellant with the contesting appellants (defendants) or take part in the appeal; Appeal Suit listed for hearing in the first week of April, 2026. Keywords: transposition of party; addition of appellant; ex parte defendant; non-participation in trial; written statement not filed. No statutes or precedents cited in the judgment.
What did the court decide?
Having been ex parte during the trial, having taken no part in the trial court proceedings and having filed no written statement, the petitioner cannot join the appeal as a further appellant along with the contesting appellants (the defendants) and cannot participate in the appeal.