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2023 Supreme(Online)(KER) 31585
HIGH COURT OF KERALA
P.SOMARAJAN, J
VIJO VARGHESE – Appellant
Versus
JOY – Respondent
OP(C) 1439 2023
VINEETH V.N.L.BITTO
A party may be allowed to implead necessary parties and amend their pleadings even after delays, as justice requires it may be remedied by costs.
Headnote:
Impleadment - Civil Procedure - CPC Section List - The court emphasized the necessity of joining necessary parties to a civil suit, indicating that delays can be compensated by costs, and that prior contentions should not bar amendments.
Fact of the Case:
The petitioner challenged the trial court's dismissal of applications for removing the case from the list, impleading a necessary party, and consequential amendments, following a contention of non-joinder raised by the defendant.
Finding of the Court:
The court found that the trial court should have allowed the plaintiff to add necessary parties and make amendments, despite the delay, emphasizing that any laches could be remedied through costs.
Issues: Whether the trial court erred in dismissing the applications to implead necessary parties and amend the suit.
Ratio Decidendi: The trial court's refusal to allow impleadment and amendments based on delay was against the principles of justice, as the plaintiff had a right to pursue these claims.
Final Decision: The original petition is allowed conditionally, requiring a deposit of Rs. 3,000/- and allowing impleadment and amendments.
JUDGMENT
The respondent entered appearance through Adv.C.A.Chacko. Heard both sides.
Exts.P7 to P9 orders are under challenge. These are the orders passed on three applications;(1) for removing the case from the list, (2) for impleading a necessary party and (3) for consequential amendment. All these applications were dismissed by the trial court under Exts.P7 to P9 orders. It is fairly submitted by the learned counsel for the petitioner/plaintiff that a contention was raised in the written statement regarding non joinder of necessary parties, the real owners of the property, which is in dispute in the suit, that is to say, the pathway claimed by the plaintiff. Anyway, it was filed in a highly belated stage. But, that is not a ground to reject the right to proceed with the suit by impleading necessary parties to the suit, especially when a contention was raised by the defendant in that behalf. Necessarily, the trial court ought to have granted an opportunity to the plaintiff to implead the abovesaid person and to effect consequential amendment. The laches or delay, if any, on the part of the plaintiff, can be compensated in terms of money. The learned counsel for the respondent, at this juncture, pressed for a cost of Rs.3,000/-. Hence, ordered accordingly. The order passed by the trial court - Exts.P7 to P9 will stand set aside. All the applications will stand allowed on deposit of Rs.3,000/- (Rupees three thousand only) before the trial court within 15 days from today. The impleadment and amendment shall be carried out in accordance with the law within another 15 days from the date of deposit. In the event of failure to deposit the said amount within that time, it will have the necessary consequences of dismissal of the present petition confirming the orders, Exts.P7 to P9.
The Original petition will stand allowed conditionally as above.
Sd/-
P.SOMARAJAN JUDGE
APPENDIX OF OP(C) 1439/2023 PETITIONER'S EXHIBITS Exhibit-P1 A TRUE COPY OF THE PLAINT IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA DATED 6/6/2019 Exhibit-P2 A TRUE COPY OF THE WRITTEN STATEMENT IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA DATED 9/10/2019 Exhibit-P3 A TRUE COPY OF IMPLEADING PETITION IA.9 OF
2023 IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA DATED 29/6/2023 Exhibit-P4 A TRUE COPY OF THE AMENDMENT PETITION IA.7 OF
2023 IN IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA DATED 29/6/2023 Exhibit-P5 A TRUE COPY OF THE APPLICATION TO REMOVE FROM LIST IA.8 OF 2023 IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA DATED
29/6/2023 Exhibit-P6 A TRUE COPY OF THE OBJECTION FILED BY THE DEFENDANT IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA DATED 7/1/2023 Exhibit-P7 A TRUE COPY OF THE ORDER IN IMPLEADING PETITION IA.9 OF 2023 IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA DATED
4/7/2023 Exhibit-P8 A TRUE COPY OF THE ORDER IN AMENDMENT PETITION IA.7 OF 2023 IN OS.626 OF 2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA
4/7/2023 Exhibit-P9 A TRUE COPY OF THE ORDER IN APPLICATION TO REMOVE FROM LIST IA.8 OF 2023 IN OS.626 OF
2019 OF THE ADDITIONAL MUNSIFF COURT, IRINJALAKUDA 4/7/2023 Exhibit-10 A TRUE COPY OF THE POWER OF ATTORNEY OF THE PETITIONER DATED 27/11/2020 // TRUE COPY //
P.A. TO JUDGE
