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Mangalasami thevar and ors Vs. Satayappa Porandan and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Reported in(1913)25MLJ351
AppellantMangalasami thevar and ors
RespondentSatayappa Porandan and ors.
Cases ReferredPramada Nath Boy v. Ramani Kanta Roy
Excerpt:
- 1. it does not appear that there is any dispute between the 2nd defendant and the plaintiff as to which of them is the landholder and the second paragraph of section 3(5) of the estates land act does not apply to these cases.2. in the absence of any provision to the contrary we are of opinion that the general rule of procedure applies, viz.,-that a person entitled to sue who refuses to join as a co-plaintiff may be impleaded as a defendant; pramada nath boy v. ramani kanta roy ilr (1907) c. 331.3. the decrees of the district judge are accordingly reversed, and the cases are remanded to him for decision. costs will abide the result.
Judgment:

1. It does not appear that there is any dispute between the 2nd defendant and the plaintiff as to which of them is the landholder and the second paragraph of Section 3(5) of the Estates Land Act does not apply to these cases.

2. In the absence of any provision to the contrary we are of opinion that the general rule of procedure applies, viz.,-that a person entitled to sue who refuses to join as a co-plaintiff may be impleaded as a defendant; Pramada Nath Boy v. Ramani Kanta Roy ILR (1907) C. 331.

3. The decrees of the District Judge are accordingly reversed, and the cases are remanded to him for decision. Costs will abide the result.


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