Case Note & Summary
The petitioner filed a civil revision petition challenging the order of the Principal District Munsif Court at Gingee allowing the impleadment of the 1st respondent in a suit filed by the petitioner. The suit was for a bare injunction to restrain government officials from interfering with the petitioner's possession and for a mandatory injunction directing them to grant a patta in his favour. The 1st respondent, a third party, filed an impleading application claiming that the suit property is Government Poramboke land and that the general public has a right of way over it. He alleged that the petitioner was attempting to obtain a patta through the suit and that the villagers had submitted a representation against it. The Trial Court allowed the application. The petitioner argued that the 1st respondent had no individual interest and could not be impleaded in his individual capacity. The High Court examined the application and found that the 1st respondent had not shown any individual interest in the property and had not filed the application as a representative of the general public. The Court held that a person claiming a right of way on behalf of the public cannot be impleaded without demonstrating a personal right. Consequently, the civil revision petition was allowed, the order of the Trial Court was set aside, and the impleading application was dismissed.
Headnote
A) Civil Procedure - Impleadment of Third Party - Right of Way - Government Poramboke Land - The 1st respondent sought impleadment in a suit for injunction and mandatory injunction filed by the petitioner, claiming that the suit property is Government Poramboke land over which the general public has a right of way. The Trial Court allowed the application. The High Court held that the 1st respondent, who filed the application in his individual capacity without showing any individual interest, cannot be impleaded merely on the ground of representing the general public. The order of the Trial Court was set aside. (Paras 1-8)
Issue of Consideration
Whether a third party claiming right of way over Government Poramboke land on behalf of the general public can be impleaded in a suit for injunction and mandatory injunction without showing individual interest.
Final Decision
The civil revision petition is allowed. The order dated 24.08.2023 in IA No.164 of 2022 in OS No.119 of 2017 on the file of the Principal District Munsif Court at Gingee is set aside. Consequently, the impleading application filed by the 1st respondent is dismissed. No costs. Connected miscellaneous petition is closed.
Law Points
- Impleadment of third party
- Right of way
- Government Poramboke land
- Individual interest
- Representative capacity
