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Lingammal Vs. Chinna Venkatammal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad227
AppellantLingammal
RespondentChinna Venkatammal
Excerpt:
civil procedure code, section 30 - party added after decree. - charles a. turner, kt., c.j.1. the decree on which the order of the subordinate judge proceeded has been set aside.2. it is unusual and inconvenient to allow a person, who might have applied before decree, to be joined as co-plaintiff after decree, even if it be lawful to do so, where no interest has devolved and no interest has been created since the institution of proceedings.3. the only section of the code on which the learned counsel for the respondent can rely is the 32nd, which points to the joinder of parties whose presence may be necessary for the adjudication of questions raised in the suit. here the period of adjudication has passed. nevertheless, we are not prepared to say that the subordinate judge had not a discretionary power under section 32 at any stage of the suit, and,.....
Judgment:

Charles A. Turner, Kt., C.J.

1. The decree on which the order of the Subordinate Judge proceeded has been set aside.

2. It is unusual and inconvenient to allow a person, who might have applied before decree, to be joined as co-plaintiff after decree, even if it be lawful to do so, where no interest has devolved and no interest has been created since the institution of proceedings.

3. The only section of the Code on which the learned Counsel for the respondent can rely is the 32nd, which points to the joinder of parties whose presence may be necessary for the adjudication of questions raised in the suit. Here the period of adjudication has passed. Nevertheless, we are not prepared to say that the Subordinate Judge had not a discretionary power under Section 32 at any stage of the suit, and, although the widows are still engaged in litigation, prima facie they have an equal right to collect the debts.

4. The appeal is dismissed, but without costs.


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