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R. N. MANJULA
K. P. Elumalai (Deceased) – Appellant
Versus
P. Jayaraman – Respondent
JUDGMENT
(Prayer: Application has been filed under Order XIV Rule 8 of O.S.Rules read with Order 6 Rule 17 of CPC to implead the applicants as a third party / defendants 11 and 12 to the suit in C.S. No.502 of 2008 on the file of this Court (Original side).)
1. The applicants are the third parties and they have filed an application to implead themselves as party to the proceedings in C.S. No.502/2008.
2. The respondents 1-4 / plaintiffs have filed a suit for declaration that the suit property belonged to them and also to declare that the settlement deed dated 03.10.2007 executed by the first defendant in favour of the second defendant in respect of the suit properties and the sale deed dated 31.08.2007 executed by defendants 3-8 through 9th defendant in favour of 10th defendant as null and void.
3. The learned counsel for the applicants submitted that the applicants'' grand father Kuppu Naicker had Kudivaram right over the suit property; one Palaniappa Chetty had tried to evict the applicants'' grandfather and several others by filing a suit in O.S. No.770 to 772 and O.S. No.45 of 2016 and the suits were dismissed; one Venkat Rao and Rajeswara Rao traced their title through the Palania
The main legal point established is that parties seeking impleadment must demonstrate a valid interest in the subject matter of the suit and that their presence is necessary for effective adjudicatio....
Third parties can be impleaded in injunction suits where their involvement is necessary for complete adjudication, helping avoid future legal conflicts.
An applicant seeking impleadment must demonstrate a direct legal interest and right to relief concerning the controversy in a suit; absence of such a link renders the request for impleadment invalid.
In proceedings for partition, parties with potential rights to the property are necessary for adjudication to ensure complete justice and fair representation.
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
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