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A.M.K. Jambulinga Mudaliar vs Viswanathan And Ors. on 24 September, 1996

In Mohamed Farock v. District Judge, the Allahabad High Court held that the "Law is settled on the point that the plaintiff is the sole architect of the plaint. It is the plaintiff who has right to choose his own adversary against whom he seeks the relief. Where there was no allegations or any cause of action against the applicant, who sought to be impleaded as defendant in the suit, the mere apprehension that the plaintiff and the defendant of the suit might collusively get their suit decided which would adversarily affect the rights of the applicant was not enough for impleadment of the applicant as defendant in the suit. It is well-settled that any decree or order passed by a court would not affect a person who is not a party in the suit or the proceedings. It is not always necessary to implead a person in a suit. It is settled that impleadment is necessary to avoid multiplicity of the suit. There must be such facts and circumstances to show that unless the person is impleaded in the suit or in the proceedings there is likelihood of further litigation in the same matter."
Madras High Court Cites 8 - Cited by 0 - Full Document
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