In a civil revision regarding an impleadment application, the High Court dismissed the revision petition, upholding the trial court's finding that the school itself was a necessary party in a suit for rendition of accounts, rather than the individual serving as its Principal.
Revision dismissed. No costs.
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Civil Revision No.7462 of 2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.7462 of 2012 (O&M)
DATE OF DECISION : December 13, 2012
Naresh Chaudhary
...Petitioner
Versus
Union Bank of India and others
...Respondents
CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL
Present:- Mr. K.L. Dhingra, Advocate for the petitioner.
M.JEYAPAUL, J.
The plaintiff who is the Revision petitioner herein objected to the application filed by one Sunita Chawla, Principal, Gita Girls Senior Secondary School, Amin Road, Kurukshetra seeking impleadment invoking the provision under Order 1 Rule 10 of the Code of Civil Procedure, but the application was allowed overruling the objections raised by the plaintiff, hence the present Revision.
Heard the submission made by learned counsel appearing for the Revision petitioner.
It is submitted that Gita Girls Senior Secondary School had not filed any application seeking impleadment. It is only Sunita
Civil Revision No.7462 of 2012 (O&M)
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Chawla though described as Principal of the said school, has filed an application for impleadment. But the trial Court has allowed such an application for impleadment.
It is further submitted that in a suit filed by the plaintiff for rendition of accounts by the bank, the said Sunita Chawla, Principal of the said school is totally an unnecessary party.
I find that there is no merit in the Revision. The trial Court has found that rendition of accounts has been sought for by the plaintiff with respect to the account maintained by the plaintiff wherein the contribution of the school had been credited on regular basis. Therefore, the trial Court has found that the school is a necessary party, though not the individual who performs her duty as Principal.
In my view, the trial Court has rightly found that Gita Girls Senior Secondary School, Amin Road, Kurukshetra is a necessary party in as much as the school had contributed to the account for which rendition of accounts has been sought for by the plaintiff.
In view of the above, the Revision fails and stands dismissed. No costs.
(M.JEYAPAUL) JUDGE
December 13, 2012 p.singh
2 issues framed by the court
Whether the trial court erred in allowing an application for impleadment of an individual (the Principal) instead of the institution (the School) which was a necessary party.
Whether the Principal of the school is a necessary party to a suit for rendition of accounts involving the school's contribution.
1 provisions across 1 enactments
Naresh Chaudhary
Union Bank of India and others
M. Jeyapaul
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
