IMPORTANT POINT
A party is not necessary for adjudication if their presence does not affect the plaintiff's ability to prove its case independently.

JUDGMENT :

Krishna Rao, J.

1. Defendant no.2 has filed the present application being G.A. No. 1 of 2023 for rejection of plaint against the defendant no. 2 or in the alternative to delete the name of the defendant no. 2 from the array of the party in the plaint filed in CS-COM 470 of 2024 (Old No. C.S. 35 of 2023). In the plaint, the plaintiff has prayed for a decree against the defendant no. 1 for a sum of USD 1,40,235.00 and USD 600 Per month on account of storage and security charges against the defendant no.1 and other prayers including interest. Admittedly in any of the prayer of the suit, the plaintiff has not prayed for any relief against the defendant no. 2.

2. As per the case made out by the plaintiff, after negotiation between the plaintiff and defendant no.1, defendant no.1 issued purchased order upon the plaintiff on 18th June, 2019 of 100 sets (100 units each of male and female) of Non-Shock MCA DA Type Coupler (Drawing No. 27413/11) supplied as complete units -complaint equivalent Coupler sets (Paris) as per plaintiffs drawing No. ADE 09-53 and for the consideration of USD 430,000.00 with several terms and conditions out of which one condition that the inspection by Bureau Veritas or SGS, being the defendant no.2 herein at the plaintiff’s factory before shipment.

3. The plaintiff has made the following averments in the plaint with respect to the defendant no.2 :

“3. The defendant no. 2 is inter-alia engaged in providing services of inspection, testing, verification and certification with tremendous infrastructure throughout the world. The defendant No. 2 carries on business from Ecospace, Block 3A, 2nd Floor, East Wing, 11/F/II, Action Area-II, Rajarhat, Newtown, Kolkata-7000160 outside the jurisdiction aforesaid.

9.(e) Inspection: By Bureau Veritas or SGS, being the Defendant no. 2 herein at the Plaintiffs factory before shipment.

38. Ultimately, on January 31, 2020, the plaintiff received an email from the defendant no. 1, which was issued from its office outside the jurisdiction aforesaid and which was received by the plaintiff within the jurisdiction aforesaid, wherefrom it appeared that the defendant no. 1 had appointed the defendant no. 2 as the inspecting agents for inspection of the finished goods under the Purchase Order dated June 18, 2019 in place and instead of RITES.

39. By an email dated February 11, 2020 the defendant no. 1 inter-alia requested the defendant no. 2 to send its most experienced inspectors having good knowledge of couplers to inspect the couplers manufactured by the plaintiff. Such request was made by the defendant no. 1 to ensure that the couplers manufactured by the plaintiff were in accordance with the original Drawing No. 27413 /11 and the manufacturers drawing No. ADE/09-53 that was approved by the defendant no. 1's client, i.e. Tanzanian Railways. The defendant no. 1 by its email dated February 14, 2020 had forwarded the said email dated February 13, 2020 to the plaintiff.

40. The defendant no. 2 on February 17, 2020 caused inspection of the 1st lot of 50 sets of couplers at the plaintiff's plant, outside the jurisdiction of this Hon'ble Court. The defendant no. 2 handed over a copy of the inspection report to the plaintiff. The plaintiff by its email dated February 17, 2020 inter-alia forwarded the inspection report to the defendant no. 1 and requested the said defendant to provide details of the shipping agent. The plaintiff further informed the defendant no. 1 the dimensions of the containers required for transportation of the said couplers.

50. After manufacturing the balance 33 sets of couplers, the plaintiff duly requested the defendant no. 1 to have the same inspected by the defendant no. 2, its inspectors and take delivery of the same. On June 27, 2020, the defendant no. 1 duly informed the plaintiff that it had instructed the defendant no. 2 to cause the inspection of the balance quantity of 33 sets of couplers and the same would be conducted on or after July 10, 2020. When the P