P.A. TO JUDGE v. CHITAMBARESH, J
Case at a glance
- Bench
- V CHITAMBARESH
Provisions considered
Key paragraphs
- Para 33. The wife has sought to come on record due to the following reasons: (i)The property under attachment allegedly belongs to her also. (ii)Her husband is missing and a crime has been registered by the police. 2OP(C) No. 1580/20124.The wife of the defendant though not…
Judgment
V. CHITAMBARESH, J--------------------------------OP(C) NO. 1580 OF 2012------------------------------------Dated this the 24th day of May, 2012JUDGMENTThe suit is one for realisation of money due under apromissory note. There is also an attachment before judgment of immovable property. The defendant in the suit is missing and Crime No. 581/2011 has been registered in this regard. The wife of the defendant contends that the property under attachment belongs to her also.
The wife of the defendant thereupon filed an application for impleading herself in the suit. That has been allowed by the court below by Ext.P4 order which is impugned in this Original Petition. The plaintiff contends that the wife of the defendant is not a necessary party to the suit.
The wife has sought to come on record due to the following reasons: (i)The property under attachment allegedly belongs to her also. (ii)Her husband is missing and a crime has been registered by the police. 2OP(C) No. 1580/20124.The wife of the defendant though not a necessary party is certainly a proper party. The court is empowered toallow the impleadment under Order 1 Rule 10 (2) CPC under such circumstances. There is no illegality in Ext.P4 order impugned in this Original Petition. The Original Petition fails and is dismissed.V. CHITAMBARESH JUDGEncd
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.