M/S. Heritage Lands v. Kamal Lunawath

C.M.P.No.9832 of 2022 and A.S.Sr.No.4269 of 2022 R.N.MANJULA, J., The learned counsel for the petitioner has filed a petition to accept the cause title. The revision petitioner is the plaintiff and he has filed a suit against the respondents 1 and 2 to set aside the cancellation deed dated 24.11.2014 and to declare the cancellation deed dated 03.07.2015 as 'null and void'. The suit was dismissed and hence, the appeal has been filed and the judgment of the trial court was challenged. However, this petition has filed to accept the cause title which would reflect the following persons also as parties to the proceedings of the suit against the respondents 1 and 2 "3.The State of Tamil Nadu, Rep by its District Collector, Kancheepuram.

4.The Superintendent of Police, Kancheepuram District, Kancheepuram.

5.The Inspector of Police, District Crime Branch, Kancheepuram.

6.The Sub Registrar, Thiruporur."

2.At the time when the suit was filed, the above mentioned parties have been impleaded. But at the instance of the Court, the parties were removed from the cause title and thereafter, the plaint got numbered. The fact that the petitioner had https://www.mhc.tn.gov.in/judis impleaded the above persons as parties to the proceedings was visible.

R.N.MANJULA, J., 3.When the petition is filed under Section 80(2) of CPC, for dispensing the mandatory notice, the said petition has been filed along with the plaint. The cause title of the plaint would show that addition of the Government parties as parties to the proceedings. The contention of the petitioner is that despite he removed the Government parties from the suit at the instruction of the Court, the Court has dismissed the suit for non-joinder of necessary parties. In such case, the only course open to the petitioner is to file a petition to implead them as parties to the proceedings.

4. For the reasons stated above, the cause title stated by the petitioner cannot be accepted. Hence, this Civil Miscellaneous Petition is dismissed. 5.The Registry is directed to return the appeal for rectification of cause title. 28.06.2022 vkr C.M.P.No.9832 of 2022 and A.S.Sr.No.4269 of 2022 https://www.mhc.tn.gov.in/judis