A.No.962 of 2022

A.No.962 of 2022

in

C.S.No.359 of 2021

P.VELMURUGAN.,J

This application has been filed by the third party to implead him as 6^th

defendant in the suit.

2. Learned counsel for the applicant/third party has submitted that the

plaintiff has quoted the name and address of the third defendant/Association in

the suit and name of the General Secretary has alone been wrongly given

therein as Mr.P.Selvamani. As per Affiliation Certificate dated 03.07.2019 of

Taekwondo Federation of India, the applicant was elected as General Secretary

of the fourth respondent/Association. Writ Petition in W.P.18444 of 2021 is

also pending. The applicant obtained an order of stay in the said Writ Petition

in respect of the fifth respondent acting as a General Secretary in the fourth

defendant Association . Therefore, he is the actual General Secretary. He has

to be impleaded as one of the defendants in the suit.

3. Learned counsel for the first respondent/plaintiff submitted that as per

the Election conducted in the year 2021, the Mr.P.Selvamani has been elected

as General Secretary. As an officer bearer, he has also placed reliance upon the

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A.No.962 of 2022

documents annexed with the plaint. Therefore, he has rightly been impleaded

as fourth and fifth respondents in the application as the third and fourth

defendants in the suit.

4. Learned counsel for the fifth respondent in the application submitted

that, the fifth respondent is the actual General Secretary of the fourth

respondent Association. The proposed party has nothing to do with the

Association and in order to confuse the Court, he has come forward with this

application. He is neither a necessary party, nor proper property to the suit.

His presence is absolutely not necessary in the suit. Hence, he prayed that the

application may be rejected.

5. Heard the learned counsel on either side and perused the materials

available on record.

6. The suit in C.S.No.359 of 2021 has been filed by the first respondent/

plaintiff to declare the result of Election held on 08.10.2021 in respect of the

second defendant Association, as invalid and to appoint an Advocate

Commissioner and to conduct fresh Elections for appointment of the office

bearers. In this application, the fourth respondent is shown as “Tamil Nadu

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A.No.962 of 2022

Taekwondo Association ” represented by its General Secretary by one

Mr.P.Selvamani, whereas, the applicant has stated that Mr.P.Selvamani has

been removed from the said post and now, the applicant namely

Mr.H.Balasubramani has been acting as a General Secretary. Further, he

obtained an order of stay in W.P.No.18444 of 2021. Whether the proposed

party is a General secretary or the fifth respondent/Selvamani is the General

Secretary or not, has to be decided only in the suit if necessary at the time of

disposal of the suit after trial. Since already the fourth respondent Association

has been impleaded as the third defendant in the suit, once again there is no

need to implead him. Only H..Balasubramani has to be impleaded as one of the

defendants in the suit.

7. Accordingly, the plaintiff is directed to implead Mr.H..Balasubramani

as sixth defendant in the suit in individual capacity.

8. With the above directions, this application is allowed.

9. Learned counsel for the plaintiff is directed to carry out necessary

amendment in the plaint and file the copy of the amended plaint.

10. List the matter on 07.04.2022, for additional written statement, if

any.

29.03.2022

mfa

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A.No.962 of 2022

P.VELMURUGAN.,J

mfa

A.No.962 of 2022

in

C.S.No.359 of 2021

29.03.2022

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