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HIGH COURT OF KERALA
V.CHITAMBARESH, J
ABRAHAM PAUL – Appellant
Versus
ACHAMMA – Respondent
OP (CIVIL) 1957/2011
Impleadment - Civil Procedure - Order I Rule 10, Order XVI Rule 1 - The court upheld the impleadment of additional defendants as proper parties under the Civil Procedure Code, allowing examination of witnesses, confirming procedural adherence.
Fact of the Case:
The court addressed the impleadment of additional defendants in a suit concerning property originally owned by N.V Paul, determining their inclusion's appropriateness based on the plaintiff's request.
Finding of the Court:
The court found that the additional defendants were properly impleaded under the Civil Procedure Code as they were relevant parties, and the third defendant's ability to call the 12th defendant as a witness was permissible.
Issues: The core issue involved whether the additional defendants had rights to the property and whether their impleadment was justified.
Ratio Decidendi: The court concluded that the impleadment of additional defendants was valid under the Civil Procedure Code, as it allowed necessary parties to be included for a fair trial.
Final Decision: The Original Petition fails and is dismissed.
J U D G M E N T
The court below has by the order impugned impleaded additional defendant Nos.10,11 and 12 in the suit. The property originally belonged to one late N.V Paul . The subsequent alienations are in question in the suit.
2. Additional defendant Nos.10 and 11 are the children born to the widow of N.V Paul in her first husband. Additional defendant No.12 is the son born to N.V Paul in his first wife. 3. Whether the additional defendants have right in the property or not is altogether a different question. That has to be decided after the evidence is recorded in the suit.
4. The third defendant cannot at any rate challenge impleadment at this stage. Additional defendant Nos.10 to 12 have been impleaded at the instance of the plaintiff only.
5. Additional defendant Nos. 10 to 12 are proper parties to the suit if not necessary parties . The impleadment is in order under Order 1 Rule 10 of the Code of Civil Procedure .
6) The third defendant is desirous of examining the additional 12th defendant as a witness. Such a course is perfectly permissible under Order XVI Rule 1(2) of the Code of Civil Procedure in the circumstances obtaining.
The impugned order does not suffer from any infirmity in law. The Original Petition (Civil) fails and is dismissed.
V.CHITAMBARESH.
JUDGE smm
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