V. KUPPASWAMY Vs. V. LAKSHAMANA

JUDGEMENT

(1.) The petitioner being the defendant in a suit in O.S.No.172/2016 for dissolution of partnership firm allegedly comprising of the family members, is knocking at the doors of writ court for assailing the order dated 28.11.2018, a copy whereof is at Annexure-A, whereby the learned II Additional Senior Civil Judge, Shivamogga, having favoured the application in I.A.No.7 filed under Order I, Rule 10 of CPC has permitted the applicant to come on the array of parties to the suit.

(2.) Having heard the learned counsel for petitioner and having perused the petition papers, this court declines to grant indulgence in the matter since the impugned order is consistent with the decision of the Apex Court in the case of RAZIA BEGUM VS. SAHEBZADI ANWAR BEGUM and OTHERS, AIR 1958 SC 886, which lays down the guidelines for determination of necessary and proper parties to the proceedings.

(3.) The other reason for not interfering with the matter is that the partnership in question whose dissolution is sought for in the suit, comprises of the family members and that now the impleaded defendant - Smt. Hemavathi happens to be a member of the same family; so obviously she has a say in the matter, gender of family members being irrelevant. In the above circumstances, writ petition being devoid of merits, stands rejected in limine.