S.R. Prasanna v. Anitha Jain
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2022
CORAM:
THE HON'BLE Mr. JUSTICE N.SESHASAYEE C.R.P(PD)Nos.
709, 717, 747, 726, 711, 713 & 715 of 2022 C.R.P.(PD).No.709 of 2022 1.S.R.Prasanna W/o.Alagapparasu 2.Y.Alagapparasu S/o.Thangaiyan 3.Vidyasagar S/o.Alagapparasu 4.Indumathi W/o.Vidyasagar ... Petitioners Vs.
1.Anitha Jain Rep. by his power agent Prakash Chand Jain 2.Padam Chand Jain S/o.Srinivasa Jain ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of Constitution of India, against the Fair and Decreetal order dated 02.11.2021 in I.A.No.534 of 2017 in O.S.No.74 of 2014 passed by the learned Additional District Judge, Kancheepuram District at Chengalpattu. For Petitioners :
Mr.M.Radhakrishnan COMMON ORDER There are about seven (7) suits filed by seven different individuals, all laid against a common set of defendants, challenging a settlement deed dated 28.03.2005 executed by the 1st defendant in favour of the 2nd defendant, and also another settlement deed dated 26.07.2012 executed by the 3rd defendant in favour of the 4th defendant. In each of the suits, the plaintiffs have taken out an application for impleading a certain Padam Chand Jain as an additional defendant on the ground that he has been allotted 11 cents in a family arrangement in a certain survey number. The details are as below: Plaintiff O.S.No.
I.A.No.
C.R.P (PD).No.
Anita Jain 74/2014 534/2017 709/2022 Sandeepkumar Jain 75/2015 535/2017 717/2022 Dilipkumar Jain 73/2014 533/2017 747/2022 Susilkumar Jain 72/2014 532/2017 726/2022 Bimalkumar Jain 71/2014 531/2017 711/2022
Plaintiff O.S.No.
I.A.No.
C.R.P (PD).No.
Sunitha Jain 77/2014 537/2017 713/2022 Lalitkumar Jain 76/2014 536/2017 715/2022 2.All these applications were allowed by separate orders of the learned trial Judge dated 02.11.2021. They are challenged by the defendants 1 to 4 in the suit in these batch of Civil Revision Petitions. 3.Learned counsel for the revision petitioners submitted that the sole ground for impleading Padam Chand Jain as an additional 5th defendant in each of the seven suits is that in a family arrangement in the family of the plaintiff, Padam Chand Jain was allotted 11 cents in Survey No.59, whereas the suit property does not relate to Survey No.59 in any one of the seven suits. Learned trial Judge was in error when he did not enter a finding how the proposed party was either a necessary party, or a proper party for the adjudication of the lis.
4.1 The submissions of the learned counsel may not be entirely out of place but in the context of addressing an issue if the Court should interfere with the said order of the trial Court at the instance of the defendants 1 to 4, this Court
does not find that it is not grave enough for this Court to interfere, for it neither changes the cause of action of the suit, nor does it affect the right of defence. This can be explained.
4.2 In all the seven suits two settlement deeds are in question as outlined earlier. The first of the settlement deed is the one executed by the 1st defendant in favour of the 2nd defendant on 28.03.2005 and the second settlement deed is the one which was executed by the 3rd defendant in favour of the 4th defendant on 26.07.2012. The revision petitioners / defendants 1 to 4 are pitted in the suit to defend this cause of action, and their focus must rest in defending this cause of action. If Padam Chand Jain has little to do with the suit but still is ordered to be in the plaint, that should concern Padam Chand Jain, and not the defendants. After all, the presence or absence of Padam Chand Jain is not going to affect the defence or the quality of defence which the defendants 1 to 4 / revision petitioners might have to offer in the efforts to defend the cause of action for the suit. Given the setting, the presence of Padam Chand Jain may be a mere appendage that they can safely ignore.
5.These Civil Revision Petitions are dismissed at the admission stage itself accordingly. No costs.
15.03.2022 kas To The Additional District Judge Kancheepuram District Chengalpattu.
N.SESHASAYEE, J., kas C.R.P(PD)Nos.
709, 717, 747, 726, 711, 713 and 715 of 2022 15.03.2022