Ambily, W/o. Manoj Kizhakkoott v. Sajitha P Chandran, D/o. Chandran
2024-11-18
DEVAN RAMACHANDRAN, M.B.SNEHALATHA
body2024
DigiLaw.ai
JUDGMENT : Devan Ramachandran, J. The petitioner calls into question the correctness of Ext.P4 order of the learned Family Court, North Paravur, to the extent to which it has allowed I.A.No.2/2024 in OP No.1019/2023. 2. Sri.N.Ajith – learned counsel for the petitioner, vehemently argued that Ext.P4 order is incorrect because, it not only allowed the request for amendment of the pleadings in the Original Petition, but it also permitted the impleadment of his client without any application to such purpose having been filed or allowed in the past. He contended that, without an application under Order I Rule 10 of the CPC, the impleadment of his client purportedly under Order VI Rule 17 of the CPC -is impermissible. He thus prayed that this Original Petition be allowed. 3. In response, Smt.Kumari Sangeetha S.Nair – appearing for the first respondent, argued that the amendment allowed by the learned Family Court is without error, since it only incorporates an available cause of action against the sister-in-law of her client, who is also party to the matrimonial issues between the parties. He thus prayed that Ext.P4 be left uninterdicted. 4. We are afraid that we cannot find favour with the afore submissions on behalf of the first respondent, for the singular reason that it is fundamental that a person can be brought on record as an additional party only if there is an application under Order I Rule 10 of the CPC. This is because, in such event, the Court will get the opportunity to verify whether the person sought to be impleaded is necessary to the proceedings; but without it, what we now see in Ext.P4 is that it allowed an application for amendment, under Order VI Rule 17, in which the first prayer was that the petitioner be made an additional party. We are afraid that we cannot find favour with such course. 5. However, this does not mean that the first respondent is left without any liberty. She can certainly file a fresh application -both for impleading and amendment; which our present order will not preclude, if made as per law. In the afore circumstances, we allow this Original Petition and set aside Ext.P4; however, with the afore liberty being reserved to the respondents.