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State Of Tamil Nadu And Anr. vs P.K. Anandan on 11 August, 1981

Relying on an earlier decision of Venkatadri, J. in Ramachandram v. Kumarappa it has been held in CMA No. 173 of 1979 batch, that the non-impleading of one of the joint tort-feasors is not fatal to the maintainability of the claim as against the other tort-feasors. In M/s. Premraj Gobindram. v. Promode Kumar, AIR 1964 Assam .85, it has been held that a joint tort-feasor is only a proper party in a claim made by a third party against the other tort-feasor but not a necessary party and therefore non-impleading of such a party is not fatal to the claim. Following the decision in CMA 173 of 1979 batch, it must be held that in this case that non-impleading of the lorry owner cannot be held to be fatal to the maintainability of the claim by the claimant herein.
Madras High Court Cites 2 - Cited by 9 - Full Document
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