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1891 Supreme(Mad) 63
IN THE HIGH COURT OF MARAS
M Ayyar, Officiating, Shephard
Parameswaran
Versus
Shangaran
Decided On : 16 July, 1891
The requirement to consult and join all necessary parties as plaintiffs in a suit, and the consequences of failing to do so.
Headnote:
Consultation - Plaintiff's Entitlement to Sue - The court dismissed the suit on the ground that the first defendant was not joined as a plaintiff and was not consulted beforehand.
Fact of the Case:
The plaintiff alleged that defendant No. 1 refused to join the plaintiff in the suit, and the issue on that point was intended to be cured by remitting for trial the issue whether the plaintiff is entitled to sue.
Finding of the Court:
The District Judge dismissed the suit on the ground that the first defendant was not joined as a plaintiff and was not consulted beforehand.
Issues: Allegation of defendant No. 1 refusing to join the plaintiff, consultation and joining of defendant No. 1 as a plaintiff.
Ratio Decidendi: The court found that the first defendant was not joined as a plaintiff and was not consulted beforehand, leading to the dismissal of the suit.
Final Decision: The appeal was dismissed with costs.
1. It having been alleged in the plaint that defendant No. 1 refused to join the plaintiff in the suit, and that allegation having been traversed in the written statement, an issue on that point ought to have been joined and the plaintiff should have been required to prove his allegation. The defect was, as clearly appears from the order of remand, intended to be cured by the District Judge by remitting for trial the issue whether the plaintiff is entitled to sue. The District Munsif, however, does not seem to have understood the object with which the issue was directed. But it was admitted before the Judge that there was no discussion between the plaintiff and defendant No. 1 as to whether it was advisable to institute the suit and whether defendant No. 1 was prepared to join.
2. As co-uralan he was entitled to be consulted and to be joined as a plaintiff. It is now argued that in the circumstances of the case defendant No. 1 was not entitled to be consulted, as he had all along asserted an exclusive right to sue, relying on the razee in the previous suit. There is no evidence to show that defendant No. 1 had at any time repudiated the plaintiffs authority to sue in conjunction with himself. It must be observed that the suit was merely a suit in ejectment and that there was no prayer for the setting aside of the razee. We cannot say, therefore, the District Judge was wrong in dismissing the suit on the ground that the first defendant was not joined as plaintiff and was not consulted beforehand.
3. We must dismiss the appeal with costs.
