P. ARUMUGHAR GOUNDER AND OTHERS Vs. R. ADHINARAYANAN

JUDGEMENT

(1.) I am constrained to remark that the learned District Munsif does not appear to have been aware of the rules of civil procedure before he passed the order that he did in the present case. The application was filed by the plaintiff in the case for impleading a certain temple and for describing the defendants 1 to 4 on record as trustees of that temple. Defendants 1 to 4, who were on record, appeared through Counsel, Sri Muthiah Pillai. He requested the Court for permission to file objections to the petition of the plaintiff. But the learned District Munsif has declined to grant him the opportunity on the ground that the plaintiff need not have the permission of any one to file a suit against anybody. This is somewhat extraordinary. A person on record is entitled to object to another person coming on the record and embarrassing the trial of the suit; and this is particularly so when the defendants themselves were sought to be sued in a different capacity. The question whether a new party to be added or not is not a matter of obtaining permission from anybody; it has to be decided in each case whether the party to be impleaded is a necessary or proper party and whether the circumstances are such that the proposed party should be impleaded. For deciding that point, it is essential that the Court should give notice to all parties concerned so that they can have an opportunity of placing before the Court all relevant points for passing a judicial order. What is more extraordinary in the present case is that the learned District Munsif has proceeded to implead the Prasanna Vinayagar Temple without even issuing a notice to it. Such a procedure is unknown to law. Added to this the learned District Munsif has, in a cavalier fashion, stated that the objections of the proposed party might be received after the suit summons had been served upon it. I cannot at all permit this departure from prescribed procedure. The general rule is that before any new party is impleaded, he should be given an opportunity to show why he should not be dragged into the Court. This elementary right of the party has been denied to the temple in question by the order of the learned District Munsif. That order is cow set aside. The learned District Munsif is directed to dispose of the matter afresh after ascertaining first the relevant rules of civil procedure.

(2.) There will be no order as to costs.