Redington (India) Ltd v. J.Rajajayam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.3759 of 2025 M/s.Redington (India) Ltd., Represented by its Whole Time Director, Mr.M.Raghunandan SPL Guindy House, No.95, Mount Road, Guindy, Chennai - 600 032.

...Petitioner

Vs 1.J.Rajajayam 2.M.Geetha 3.K.Mahalakshmi 4.Kamini 5.Minor Monika represented by mother and guardian Kamini 6.Minor Kishore represented by mother and guardian Kamini

...Respondents

7.N.Guhan 8.M/s.Easyaccess Financial Services Ltd., 1/5

SPL Guindy House, No.95, Mount Road, Guindy, Chennai - 600 032.

9.M.Parameshwari 10.R.Santhanalakshmi 11.Kamini 12.Minor Monika 13.Minor Kishore

...Respondents

Minor plaintiffs 6 and 7 rep by their mother and guardian the 5th proposed plaintiff Kamini.

(amended as per orders passed in I.A.No.2 of 2023 dated 13.03.2024) PRAYER :- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the impugned order dated 19.11.2024 Fair and Decreetal order passed in I.A.No.1 of 2023 in O.S.No.848 of 2017 on the file of XII Assistant City Civil Court at Chennai.

For Petitioner : Mr.C.Umashankar For R1 to R3 : Mr.K.A.Mariappan For R4, 7 & 8 : served (No appearance) For R5 & 6 : minor represented by R4

ORDER

The defendants have challenged the order passed in I.A.No.1 of 2023 in O.S.No.848 of 2017 which is an application filed at the time of 2/5

arguments for transposing plaintiffs 5 to 7 as defendants 6 to 8 in the above suit.

2.The said application has been allowed by the learned XII Assistant Judge, City Civil Court at Chennai, on the ground that there is no impediment to transpose the plaintiffs 5 to 7 as defendants 6 to 8. The learned Judge has totally overlooked the fact that after the evidence of the plaintiffs and when the defendants have to get into the box, only on the basis of a statement that there is a non-cooperation and without there being any other overt action by the plaintiffs 5 to 7 which is to the detriment of the other plaintiffs the application for transposing the plaintiff has been filed.

By transposing the plaintiffs 5 to 7 at this stage as defendants, the Court would have to permit the newly transpose persons to file the written statement, if they are in conflict with the plaintiffs and thereafter issues have to be framed and evidence started afresh. The Court below have overlooked all these contingencies and has simply allowed the application on the ground that there is no impediment. Such an order cannot be sustained. Therefore, the order passed in I.A.No.1 of 2023 in O.S.No.848 of 2017 is set aside. Accordingly, the Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

26.03.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, ep To The XII Assistant City Civil Court at Chennai. C.M.P.No.3759 of 2025 26.03.2025 4/5

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