(nandigiri) Venkata Narasimharao And Another v. (nandigiri) Krishnabayamma And Others

(nandigiri) Venkata Narasimharao And Another v. (nandigiri) Krishnabayamma And Others

(High Court Of Judicature At Madras)

| 01-10-1928

Curgenven, J.—It has been held in Ponnuswami Asari v. Palaniandi Mudali [1920] 11 M.L.W. 602 that under Order 41, Rule 20, Civil P.C., a party to the suit may be added to the appeal, as respondent in order that a memorandum of objections may be filed against him. The question of the effect of limitation does not seem to have been raised and considered in that case, but a recent Privy Council decision in AIR 1927 252 (Privy Council) has been brought to my notice in which it has been held that a defendant in respect of whom the plaintiff has allowed the dismissal of his suit to become time barred without making him a party to the appeal is no longer a person in the words of Order 41, Rule 20, Civil P.C. " interested in the result of the appeal." Beading the two cases together, I am inclined to the view that where, as here, a party has not filed an appeal against another party not himself an appellant, and the time for so doing has expired he cannot, under Order 41, Rule 20, Civil P.C. have him added for the purpose of filing a memorandum of objections. Even if there is actually jurisdiction so to do, I would not pass such an order unless very unusual grounds were shown, which I do not find here. Defendant 4 has obtained a decree for maintenance and the plaintiffs have not chosen to appeal against it and the time for doing so is now expired. I do not think that they should be permitted to avail themselves of this alternative procedure in order now to attack it. I therefore dismiss this application with costs.

Advocate List
Bench
  • HON'BLE JUSTICE CURGENVEN
Eq Citations
  • AIR 1929 MAD 479
  • LQ/MadHC/1928/270
Head Note

Civil Procedure Code, 1908 — Or. 41 R. 20 — Addition of party to appeal as respondent in order to file memorandum of objections — Limitation — Effect of — Held, where time for filing appeal against another party not himself an appellant has expired, he cannot, under Or. 41 R. 20, be added for purpose of filing memorandum of objections