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Dorasawmy Pillay Vs. Angammal and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1908)18MLJ265
AppellantDorasawmy Pillay
RespondentAngammal and ors.
Excerpt:
- .....of his property and to recover it. the allegation in paragraph 11 of the plaint is that the property, items nos. 1 to 7 in schedule g, were purchased in the name of the 1st defendant with property which belonged to the plaintiff, and that these items were in the possession of the defendants nos. 1 and 2 and were afterwards wrongfully sold to defendants nos. 5 to 8 and are now in the possession of defendants nos. 4 to 8. the right to relief against defendants nos. 1 and 4 to 8 and against defendant no. 2 and his son, the 3rd defendant, in regard to these items, exists in respect of the same matter, and they may be jointly sued. we think, too, that more inconvenience would result from bringing separate suits than from dealing with the whole matter in one suit.3. we, therefore, set.....
Judgment:

1. The District Judge has dismissed this suit OH the preliminary ground that there is misjoinder of defendants and causes of action, but he has not stated what the causes of action are, which have been improperly joined. We do not think that there is any misjoinder. Section 28 of the Civil Procedure Code directs that all persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative, in respect of the same matter.

2. In the present suit, the cause of action arises from the malversation of the 2nd defendant in regard to the plaintiff's property of which he was the guardian and the plaintiff's right to have an account of his property and to recover it. The allegation in paragraph 11 of the plaint is that the property, items Nos. 1 to 7 in Schedule G, were purchased in the name of the 1st defendant with property which belonged to the plaintiff, and that these items were in the possession of the defendants Nos. 1 and 2 and were afterwards wrongfully sold to defendants Nos. 5 to 8 and are now in the possession of defendants Nos. 4 to 8. The right to relief against defendants Nos. 1 and 4 to 8 and against defendant No. 2 and his son, the 3rd defendant, in regard to these items, exists in respect of the same matter, and they may be jointly sued. We think, too, that more inconvenience would result from bringing separate suits than from dealing with the whole matter in one suit.

3. We, therefore, set aside the decree of the District Judge and direct him to restore the suit to his file and to dispose of it according to law. Cost will abide the event.


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