KERALA STATE RURAL WOMENS ELECTRONICS AND INDUSTRIAL CO-OPERATIVE FEDERATION LTD Vs. ASSOCIATED ROAD CARRIERS LTD

JUDGEMENT

(1.) This revision petition is filed against the order of the District Forum, Thiruvananthapuram, in O. P. No.146/95. Complainant is the revision petitioner.

(2.) The grievance of the complainant is that the second opposite party was removed from the party array on an application filed by 2nd opposite party. In the objection filed by the 2nd opposite party it has been stated that no claim was submitted to the second opposite party and no loss was also reported to them till date and the complainant has no cause of action as there is no deficiency in service on their part. That defence can legitimately be taken in the complaint by 2nd opposite party and that cannot be considered to be are as on for removing the 2nd opposite party from party array. Primarily it is for the complainant to decide who has to be impleaded as parties in the complaint. Of coruse if unnecessary party is impleaded and any injury sustained by that party by reason of that he has to be compensated by awarding cost. In the circumstances we set aside the order removing the second opposite party from the party array. This will not preclude the second opposite party from raising all their defence in the complaint. In the result revision petition is allowed and removal of the second opposite party from the party array was set aside.