Telangana High Court
Bro Banothu Bhima B. Barnabas vs The Society Of Trustees Of Indigenous ... on 18 December, 2020
Author: M.S. Ramachandra Rao
Bench: M.S.Ramachandra Rao
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO
CRP.No.1320 of 2020
ORDER:
This Revision is filed challenging the Docket Order dt.29.01.2020 in I.A.No.369 of 2019 in OS.No.999 of 2019 on the file of the XXV Additional Chief Judge, City Civil Court, Hyderabad, refusing to implead the petitioner as a party defendant in the suit filed by the 1st respondent against the other respondents.
2. Petitioner, who is a third party to the suit filed by the 1st respondent against the other respondents, contends that he is a Pastor recognized by the 1st respondent-Society, that he is aware of certain litigations involving the 1st respondent-Society and he intends to get impleaded in the suit to elicit the truth in the interest of justice.
3. By order dt.29.01.2020, the Court below held that merely being a Pastor, does not entitle the petitioner to get impleaded in the suit and that he is not a necessary and proper party.
4. Challenging the same, this Revision is filed.
5. Counsel for the petitioner contends that the litigation initiated by the 1st respondent against the other respondents is collusive in nature and he wants to assist the Court to know the truth of the case because he is aware of certain facts. 2
6. In my considered opinion the 1st respondent is the dominus litis and the 1st respondent has not claimed any relief against the petitioner herein by impleading him as a party to the suit.
7. Merely because the petitioner is aware of certain facts, which would assist the Court inn deciding the suit, it does not make the petitioner a necessary or proper party to the suit.
8. I therefore do not see any reason to interfere with the order passed by the Court below in exercise of the jurisdiction conferred under Article 227 of the Constitution of India.
9. Accordingly, this Civil Revision Petition is dismissed. No order as to costs.
10. Consequently, miscellaneous petitions pending if any, shall stand closed.
______________________________ M.S. RAMACHANDRA RAO, J 18th December, 2020.
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