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S. M. SUBRAMANIAM
Hemchandra Gurunath Javeri – Appellant
Versus
Fast Track Logistics, Represented by its Proprietor Mr. M. Subramaniam – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decreetal order dated 5th July 2022 passed in I.A.No.2 of 2019 in C.O.S.No.1167 of 2022 passed by the Commercial Court, Egmore, Chennai.
The civil revision petition is filed challenging the order and decreetal order passed in I.A.No.2 of 2019 in C.O.S.No.1167 of 2022 dated 05.07.2022.
2. The 5th defendant in the Suit is the revision petitioner herein. The 1st respondent instituted a Suit for recovery of money in C.O.S.No.1167 of 2022. During the pendency of the Suit, the revision petitioner / 7th defendant filed Interlocutory Application in I.A.No.2 of 2019 in C.O.S.No.1167 of 2022 under Order I Rule 10 (2) Code of Civil Procedure, 1908, to delete / remove the revision petitioner / 7th defendant from the array of parties in the Commercial Suit.
3. The learned counsel for the petitioner strenuously contended that the revision petitioner was holding the post of Director and subsequently, resigned from the post and further there are no specific allegations against the revision petitioner. Thus, he became an unnecessary party in the Commercial Suit and thus, the order
The main legal point established in the judgment is the criteria for determining a necessary party in a suit for specific performance, particularly in the context of the petitioner's status as a thir....
The Court emphasized the need for restraint in exercising the power under Article 227 and the basic right of institution of a suit.
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