Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name  
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Civil Law
 Search Tips
Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2014-SC-CIVIL-Dec-4

Baluram Vs. P. Chellathangam & Ors.

Head Note

The Code of Civil Procedure, 1908  - Order I Rule (10)

Indian Trusts Act, 1881, Section 49 - Trust Property - Alienation - Beneficiary - Impleadment as party - Necessary party - Proper party - The appellant is a beneficiary of the Trust and under the provisions of the Trusts Act, the Trustee has to act reasonably in exercise of his right of alienation under the terms of the trust deed - Appellant cannot thus be treated as a stranger - No doubt, it may be permissible for the appellant to file a separate suit, but the beneficiary could certainly be held to be a proper party - There is no valid reason to decline his prayer to be impleaded as a party to avoid multiplicity of proceedings - The trial Court was justified in impleading him as a party - The High Court erred in interfering with the order of the trial Court.

Topic(s)-Civil Procedure – Impleadment as party

Important Decision(s)- No doubt, it may be permissible for the appellant to file a separate suit, but the beneficiary could certainly be held to be a proper party.







Full Judgement Body


     
@2016 Indian Law
Name  
Email ID
Please Wait..