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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN
Cheenan Raveendran, S/o. Late Kelu – Appellant
Versus
Sambath, S/o.Late Krishnan – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves a property dispute where the petitioners sought to implead a third party who is a co-owner of the property, as well as to amend the cause title of the suit (!) .
The petitioners filed applications for impleading and amendment at a late stage of proceedings, after the trial had commenced and the examination of witnesses had begun (!) (!) .
The court emphasized that the primary purpose of allowing such amendments and impleadments is to enable complete adjudication of all disputes and to prevent multiplicity of litigation, even if the applications are filed belatedly (!) .
The court noted that the necessity of joining the third party was acknowledged by the opposing side and that the delay was explained by the petitioners, which was considered a sufficient reason to justify the late application (!) .
The court highlighted that the objections based on delay and technicalities should not override the interests of justice, especially when the inclusion of necessary parties would aid in a comprehensive resolution of the dispute (!) .
The orders dismissing the applications for impleadment and amendment were set aside, and the applications were allowed upon the petitioners paying costs, to ensure fairness and justice (!) .
The court underscored that the object of procedural provisions is to facilitate just and effective adjudication, and procedural delays should not hinder the inclusion of necessary parties where it is in the interest of justice (!) (!) .
The case demonstrates the court’s willingness to prioritize substantive justice over procedural technicalities, provided that the parties act bona fide and the interests of justice are served (!) .
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| Table of Content |
|---|
| 1. filing of original petition and intent for injunction (Para 1 , 2) |
| 2. response to the contention of non-joinder of parties (Para 3 , 4) |
| 3. explanation for delay in impleading and amending parties (Para 5 , 10 , 11) |
| 4. justification for allowing amendments and impleadment (Para 8 , 14) |
| 5. necessity of parties to enable complete adjudication (Para 12) |
| 6. interests of justice prevail in face of technicalities (Para 13) |
| 7. final disposition and imposition of costs (Para 15) |
JUDGMENT :
MURALI PURUSHOTHAMAN, J.
This original petition is filed against Exts.P7 and P8 orders respectively in I.A Nos.4 and 5 of 2021 in O.S No.83 of 2016 on the files of the Munsiff Court, Thalassery.
2. The petitioners are plaintiffs 1 and 2 and the supplemental 3rd plaintiff sought to be impleaded in the suit. The suit is filed seeking a decree of permanent prohibitory injunction against the respondents herein from trespassing into the plaint schedule properties and also restraining them from widening the existing 4 feet pathway into a motorable road. Ext.P1 is the copy of the plaint.
3. The respondents filed Ext.P2 written statement on 06.06.2016 wherein it is contended, inter alia, that the suit is
The court permits the impleading of a necessary party and emphasizes complete adjudication on disputes, allowing amendments for justice despite procedural delays.
The main legal point established in the judgment is that the addition of a party in a suit should be consistent with the scope of the inquiry necessitated in the pending suit, and the presence of the....
suit relating to property, in order to add a person as a party, he should have a direct interest as distinguished from a commercial interest, in the subject matter of the litigation.
A third-party applicant cannot be impleaded in an injunction suit if their claim is based on unrelated property, reaffirming that such lawsuits are judgments in personam, not in rem.
The court emphasized that a necessary or proper party can only be added if it is essential for effective adjudication and not against the wishes of the dominus litis principle.
The main legal point established is that the appellate court has the discretion to permit the joinder of necessary parties at the appellate stage, as provided under Order I Rule 10(2) of the Code of ....
The court emphasized that necessary and proper parties must be included for effective adjudication, and the trial court erred in denying the petitioners' impleadment.
A party cannot be impleaded in an ongoing suit against the wishes of the plaintiff unless they are deemed a necessary or proper party under Order 1 Rule 10 CPC.
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