Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for recovery |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: s.96 and Or.XLI r.31 – Suit for recovery filed by appellant-original plaintiff against respondent no.1 and 2-original defendants – Trial court decreed the suit – Respondent no.1 and 2-original defendants filed appeal before High Court – In the said appeal, respondent no.1 and 2-original defendants filed a miscellaneous application seeking impleadment of AP Transco as party respondents to the first appeal – High Court without assigning any reasons as to why the proposed respondents should be impleaded in the first appeal, allowed the said application and directed to implead A.P. Transco as party to the appeal as well as to the original suit – Not only that, while allowing the said application for impleadment, thereafter, without further entering into the merits and/or expressing anything on merits and solely on the ground that as the application for impleadment was allowed, the High Court set aside the judgment passed by the trial court and remanded the matter to the trial court with a direction to the trial court to decide the suit afresh after affording an opportunity to the impleaded party to lead evidence in the suit – On appeal, held: This is not the manner in which the High Court should deal with the first appeal arising out of the judgment and decree passed by the trial court – Nothing was observed and/or decided on merits – Even no reasoning was given why A.P. Transco was required to be impleaded as a party to the appeal – High Court not only directed to implead the A.P. Transco as party to the appeal but has also directed to implead A.P. Transco in the original suit also – The suit was filed by appellant-original plaintiff and as per the settled proposition of law, the plaintiff is the dominus litis – No issue was raised before the trial court on non-joinder of parties – Therefore, as such whether in the appeal preferred by the original defendants against thejudgment and decree passed by the trial court, such an application would be maintainable or not, that itself is a question, which was required to be first considered and decided by the High Court – Order of High Court set aside and matter remitted to High Court to decide the impleadment application and first appeal in accordance with law and its own merits. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 904 |
Petitioner | IL And Fs Engineering And Constructions Company Ltd. |
Respondent | M/s. Bhargavarama Constructions & Ors. |
SCR | [2021] 9 S.C.R. 484 |
Judgement Date | 2021-12-16 |
Case Number | 7639 |
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