Ravikottarakara And 7 Others v. R.Kishore Kumar Alias Guinness Kishore And 2 Others

A.No.3118 of 2022 in C.S.No.12 of 2022 C.V.KARTHIKEYAN,J.

This application has been filed by third parties to the suit seeking to implead themselves as defendants 3 to 10 in the suit. 2.The suit had been filed seeking reliefs against the defendants and complaining about an election process, which was to be conducted for the 1st defendant by the 2nd defendant. Questioning an interim order, an OSA was also be filed by the 1st defendant and the interim order stood vacated. 3.The present applicants had filed the OSA, which ended in their favour. Now, by this application, those who have been elected seek to be impleaded as defendants.

4.The learned counsel for the plaintiff states that issue of whether they are necessary or proper parties will have to be examined. 5.I would leave that to the wisdom of the witnesses who graze the witness box to speak about necessity of these applicants being impleaded as https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

Smv defendants and thereafter, such evidence be analysed by the Court. But continuing the suit in the absence of these applicants, may not be proper as any order passed in their absence may not withstand scrutiny. Whether they are necessary or proper parties would be an issue to be decided after trial, but prima facie they have made out a case to be impleaded them as defendants. 6.In view of that particular reasonings, this application is allowed. 7.Necessary amendment to be carried out in the plaint reflecting the present applicants as defendants 3 to 10. The plaintiff may file additional pleadings, if required and thereafter, the present applicants may also file their written statements to the plaint and also to the additional pleadings. 8.For carrying out the amendment as indicated above and to file additional pleadings, call on 19.10.2022.

Smv 22.09.2022 A.No.3118 of 2022 in C.S.No.12 of 2022 https://www.mhc.tn.gov.in/judis