Archibishop Of Madras/Mylapore And Another v. Padma L Ravindran And Another

A.No.2086 of 2023 in C.S.No.361 of 2013 R.N.MANJULA,J.

The suit has been filed for declaration and permanent injunction. The defendants 1 and 3 have filed the application in A.No.2086 of 2023 to strike out the defendants 1 and 3 in the above suit by stating that the second defendant alone is the owner of the property and the defendants 1 and 3 are in no way connected to the case; hence, their names should be struck off in the plaint itself.

2. The first respondent / plaintiff has filed the suit by stating that she has got cause of action against all the three defendants and they are necessary parties to the suit. If the defendants 1 and 3 do not have any objection and in their opinion, the second defendant alone is the necessary party, it is upto the defendants 1 and 3 to remain exparte. After having filed the written statement and the issues have also been framed, the defendants 1 and 3 have filed this application to struck off their names in the plaint, which is unnecessary.

Page No.1 of 2 https://www.mhc.tn.gov.in/judis

R.N.MANJULA,J.

gsk

3. The plaintiff who is the dominus litis, has to choose her defendants. So it is upto the defendants 1 and 3 either to file their written statement or remain exparte, if the relief sought by the plaintiff has got no connection as against them. Therefore, this application is frivolous and hence dismissed.

01.06.2023 gsk A.No.2086 of 2023 in C.S.No.361 of 2013 Page No.2 of 2 https://www.mhc.tn.gov.in/judis