The plaintiff is the Bank which has filed the suit for recovery of money borrowed by the first defendant. The second defendant is the guarantor. The first defendant-borrower remained ex-parte. Now, the second defendant is seeking to implead the wife of the first defendant as third defendant in the suit so as to bring the property standing in her name as security. The proposed party has opposed the same stating that the property is her personal property and her presence in the suit is unnecessary. The plaintiff who is the dominus-litis, has not filed any application to implead the wife of the first defendant. There is no nexus between the third defendant and the suit transaction. Unless it is possible to decide the suit in the absence of the proposed party, she need not be impleaded in the suit. Admittedly, no relief has been sought against the third defendant. It is not the case that the suit cannot be adjudicated in the absence of the third defendant or any decision in the absence of the proposed party, would prejudice her interest. In such circumstances, the impleadment is unnecessary. Accordingly, the application has been rightly dismissed by the trial Court, which does not warrant any interference. Hence, the Civil Revision Petition is dismissed. No costs. C.M.P. is closed.
11.01.2017 cs Copy to The Subordinate Judge, Bhavani.
PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.18 of 2017 11.01.2017 http://www.judis.nic.in