Effect of Non-Amendment of Plaint After Impleading Parties

2025 0 Supreme(Ker) 2783

The first issue framed in the case is whether the suit is bad for non-joinder of necessary parties. However, Ext.P3 application for impleading and Ext.P4 application for amendment were filed only in the year 2021. ... The respondents filed Ext.P2 written statement on 06.06.2016 wherein it is contended, inter alia, that the suit is bad for non-joinder of necessary parties as the supplemen....

2023 0 Supreme(Bom) 1022

Vidya Vijay Joshi (supra) relied upon by the learned Counsel for Respondent is concerned, the facts of the said case pertain to a post trial amendment U/O VI Rule 17 of the Code and in that context the fetter on amendment of plaint was considered. ... Whether plaintiff has paid proper court fees stamps, if not what are its effect ? 5. Whether the suit is bad for non joinder of necessary parties#....

2022 0 Supreme(P&H) 1506

Learned counsel for the non-applicant/appellant submits that he has no objection in case the prayer for impleading LRs of the respondent is allowed. 3. ... Divn.), Derabassi vide which an application filed by him under Order VI Rule 17 CPC for amendment of the plaint and under Order 1 Rule 10 CPC for impleading Bank of India as defendant in the suit in question was dismissed. 7. ... It would be apposite t....

2023 0 Supreme(Del) 433

This Court has considered the submissions made by learned counsel on behalf of the parties as well as perused the amended plaint and the impugned orders. 13. It is apposite to extract Order 1 Rule 10(4) CPC. ... It is clear from the aforesaid provision that the addition of a new defendant in a pending suit would require the necessary amendments to the plaint in order to ensure that the plaintiff is not non-suited for the l....

2024 Supreme(Online)(KER) 56394

parties. ... Though the plea of non-joinder of necessary party was brought to the notice of the plaintiffs by a written statement filed on 06.08.2022 the application for impleading an amendment was filed only on 09.02.2020. ... necessary parties. ... In the said written statement it is also averred that the 2nd petitioner herein is a necessary party and since she is not arrayed as a party the suit is bad ....

2025 Supreme(Online)(Kar) 25191

This Court noticed that the application filed by the plaintiffs was not only impleading but also amendment of the pleading which was not maintainable. ... The application filed for impleading was dismissed as withdrawn but, liberty was reserved for filing separate applications for impleading and amendment of the pleading. 3. ... He submits that the trial Court could have given effect to ....

2023 0 Supreme(AP) 126

of the rights of the impleading petitioners and there was also a contention in the written statement about non-joinder of necessary parties and it was found impleading parties are none other than mother and other legal heirs of one of the brothers in the family and without their presence effective adjudication ... The above rival pleadings indicate that between the parties the only dispu....

The effect of the clarification sought by Court was merely to find out the real dispute between the correct parties which would facilitate the task of administering justice and will not cause any in justice to the petitioner. ... Accordingly, the Respondent filed a motion dated 21-06-07 and chose to file an amended plaint. The Petitioner filed amended plaint. The Petitioner filed amended answer in response to the amen....

2023 Supreme(Online)(KER) 31585

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. ... 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 ....

2024 0 Supreme(Cal) 1264

(a) the amendment does not result in injustice to the other side, (b) by the amendment, the parties seeking amendment does not seek to withdraw any clear admission made by the party which confers a right on the other side and (c) the amendment does not raise ... The only question to be considered by the Court was whether such amendment would be necessary for adjudicating the real controv....

2022 0 Supreme(Mad) 227

Therefore, the non-impleading of the children cannot have the effect of non-joinder of parties and the suit is not affected on this ground. The plaintiff is only seeking for the eviction of the divorced wife from the suit property.

2015 0 Supreme(Mad) 2195

The amendment made in the plaint would not decide the rights of the parties. E. Rajagopalan Chettiyar, reported in 2006 (4) CTC 131 to the aforesaid proposition. The learned counsel for the revision petitioners also relied on a judgment of this Court in A. Muppidathi @ Kalyani Ammal vs.

2012 0 Supreme(Mad) 3963

Unless they apply for the post, they do not have any right to challenge the notification. Effect of non-impleading of the selected candidates:

2011 0 Supreme(Kar) 714

The persons impleaded are not parties in possession of portion of suit schedule properties in assertion of their own rights arising from transactions prior to the date of institution of the suit. The 11th defendant filed an additional written statement after the plaint was amended contending that impleading of additional defendants does not cure the defect of non-joinder of necessary parties.

2011 0 Supreme(Ker) 629

She contended that there is no averment in the plaint regarding the role of Mayamoona in the transaction. 4. The defendant opposed the applications for impleading and amendment of the plaint. Simply because the defendant disputed her signature and that of her daughter in the agreement, impleadment of the attesting witness as an additional defendant is not warranted.