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V. R. K. KRUPA SAGAR
Chinta Srinivasa Reddy – Appellant
Versus
Mangena Sree Rama Rao – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.)
Sole defendant in the suit filed this Civil Revision Petition under Article 227 of the Constitution of India impugning the order dated 29.03.2019 of learned III Additional District Judge, Bhimavaram in I.A.No.486 of 2019 in O.S.No.88 of 2015. By the impugned order, the learned trial Court dismissed the application of the sole defendant for his prayer to implead eight individuals as defendants in the suit.
2. Respondent Nos.1 and 2 are the plaintiffs in O.S.No.88 of 2015.
3. Counter affidavit is filed by respondents resisting the petition.
4. Sri Mangena Sree Rama Rao, the learned counsel for petitioner and Sri K.K.Durga Prasad, the learned counsel for respondents submitted arguments.
5. The point that falls for consideration is:
POINT:
6. O.S.No.88 of 2015 was filed by plaintiffs as against defendant seeking for refund of Rs.23,45,520/- along with 24% interest per annum and for costs and such other
The court emphasized that necessary parties must be included in a suit to ensure complete adjudication, correcting the trial court's error in dismissing the petitioner's application for impleadment.
A party to a contract for sale is a necessary party in a suit for specific performance, while a person claiming adversely is not; the court recognized the petitioner as a proper party for effective a....
A plaintiff has the prerogative to choose parties in a suit and cannot be compelled to include a party against whom no relief is sought.
Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
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