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KARNATAKA HIGH COURT
H.P.SANDESH, J
GIRISH T.S. – Appellant
Versus
SRI. T.H.SHIVAMURTHAYAPPA – Respondent
| Table of Content |
|---|
| 1. court heard arguments regarding non-joinder of necessary party. (Para 1 , 2 , 3) |
| 2. dismissing based on non-joinder was erroneous. (Para 4 , 5) |
| 3. directing trial court to proceed with remand and include parties. (Para 6 , 7 , 8) |
ORAL JUDGMENT
1. Heard the learned counsel for the appellant.
This Court has issued notice against the respondent and the same has been served and unrepresented.
2. The main contention of the counsel appearing for the appellant before this Court that the Trial Court only on the ground of non-arraying of brother as party to the suit, held that relief of declaration is sought and hence the said suit is not maintainable. Being aggrieved by the said order, an appeal is filed before the First Appellate Court. The First Appellate Court also formulated the point No.1 and answered the same as not correct and Trial Court committed an error in dismissing the suit. However, in respect of other two points are concerned, answered as negative that appellant cannot seek for the relief of declaration and it doesn’t require interference.
3. The counsel would vehemently contend that only the suit is dismissed on the ground that not made brother as a party to the
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