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Kollichina Venkataramayya Vs. Gudavalli Subbarayudu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad919(2); 25Ind.Cas.122
AppellantKollichina Venkataramayya
RespondentGudavalli Subbarayudu
Excerpt:
civil procedure code (act v of 1908), order i, rule 13 - non-joinder, objection to. - .....shall be taken in all cases where issues are settled at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.'2. the ground of objection in this case is that the plaintiff had two partners when and from long before he brought this suit. that ground of objection clearly, therefore, did not arise after settlement of issues. but it is argued that the defendant had no knowledge of this ground of objection till after the issues were settled and hence he is entitled to take the objection even after settlement of issues.3. we cannot override the plain terms of the rule which allows the objection of non-joinder to be taken after settlement of issues only when the ground of objection itself.....
Judgment:

1. Order I, Rule 13, Civil Procedure Code, clearly provides that 'all objections on the ground of non-joinder shall be taken in all cases where issues are settled at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.'

2. The ground of objection in this case is that the plaintiff had two partners when and from long before he brought this suit. That ground of objection clearly, therefore, did not arise after settlement of issues. But it is argued that the defendant had no knowledge of this ground of objection till after the issues were settled and hence he is entitled to take the objection even after settlement of issues.

3. We cannot override the plain terms of the rule which allows the objection of non-joinder to be taken after settlement of issues only when the ground of objection itself arises subsequent' to such settlement, and makes no exception where such ground was not known to the defendant at or before settlement of issues.

4. That is the only point of law which arises in this second appeal and as we decide it against the appellant, we dismiss the second appeal with costs.


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