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2018 Supreme(Mad) 3372

M.S.RAMESH
Mallesan @ Mallesh – Appellant
Versus
P. Shanthi – Respondent


Advocates Appeared:
P. Paramasiva Doss, J. Chandran.

JUDGMENT

1. The order under challenge in the present Civil Revision Petition is against allowing the application seeking for impleadment of the owners of the two wheeler bearing Registration No. TN 29 AD 3655. According to the learned counsel for the second respondent, the accident occurred out of rash and negligence of the two wheeler bearing Registration No. TN 29 AD 3655 as evidenced in the FIR and as such, they are necessary parties in the proceedings before the trial Court. It is on this basis, the second respondent herein had filed the application for impleading the respondents 3 to 6.

2. The learned counsel for the petitioner by relying upon the Judgment of the Hon'ble Apex Court reported in the case of Kheynei vs. New India Assurance Co. Ltd. (2015) 9 SCC 273 submitted that the non-impleadment of the other parties would not be fatal to the proceedings and that, since the present case is alleged to be one of composite negligence, one of the joint tort feasors is a sufficient party to the proceedings and the non- impleadment of the other tort feasors is not required.

3. The learned counsel for the second respondent on the other hand submits that the FIR clearly discloses the inv


















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