Wednesday 22 March 2023

Whether the party against whom no relief is claimed is necessary party to the application?

 Learned senior Counsel for the Respondent vehemently contended that inasmuch as in the application for rejection of plaint, the 1st Defendant has not impleaded the 2nd Defendant, the said application is liable to be dismissed on the ground of non-joinder of the 2nd Defendant, who is a necessary party.

In the case of non-joinder, if the objection is raised for the first time before this Court, the Court can always implead the party on the application wherever necessary. However, in the case on hand, for the disposal of application filed for rejection of the plaint under Order VII Rule 11, 2nd Defendant is not a necessary party, hence he need not be impleaded. Accordingly, we reject the said objection of the Respondent herein.

18. Apart from the above aspect, in the case on hand, the application for rejection of the plaint of the Appellant-1st Defendant seeks no relief against the Respondent herein-2nd Defendant. It is settled legal position that a party against whom no relief is claimed in the application is not a necessary party at all.


Civil Appeal No. 4841 of 2012.

Decided On: 03.07.2012

 The Church of Christ Charitable Trust and Educational Charitable Society  Vs. Ponniamman Educational Trust 

Hon'ble Judges/Coram:

P. Sathasivam and Jasti Chelameswar, JJ.

Author: P. Sathasivam, J.

Citation: MANU/SC/0515/2012,(2012) 8 SCC 706.

Read full Judgment here: Click here

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