Gopinathan K.P. and Maya v. Secretary, Edappally Central NSS Karayogam and President, Central NSS Karayogam
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.S. Dias J.
- Judgment Date
- 2023-03-01
- Court Decision / Holding
- The original petition fails and is consequentially dismissed.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- Gopinathan K.P.
- T.S. Maya
Respondents
- The Secretary, Edappally Central NSS Karayogam
- The President, Central NSS Karayogam
Legal Representation & Advocates
Counsels for Petitioners
- • Adv. Lekshmi S. Sekher
- • Adv. S. Sunil Kumar (Palakkad)
- • Adv. B. Jithu
- • Adv. Femy M. Antony
Counsels for Respondents
- • Adv. C.N. Sreekumar (for 1st respondent)
- • Adv. Dinesh R. Shenoy (for 2nd respondent)
- • Adv. B. Jayasankar (for 3rd & 4th respondents)
Case Synopsis & Summary
The original petition challenges Ext.P6 order in IA No.11/2020 in OS No.1503/2018 before the III Additional Munsiff and Rent Controller, Ernakulam. The petitioners (plaintiffs) had instituted Ext.P2 plaint seeking, inter alia, to declare as null and void the decisions taken by the Edappally Central NSS Karayogam on 25.12.2018 and 31.03.2019 and to seek consequential reliefs. After elections on 20.12.2020, respondents 3 and 4 were elected as Secretary and President of the Karayogam. The petition sought substitution of respondents 3 and 4 in the suit. The court below, after considering pleadings, held that the Secretary (respondent 1) and the President (respondent 2) are necessary parties and cannot be deleted; instead, respondents 3 and 4 could be added as additional defendants. The petition argues that changes in office-bearers render the earlier parties unnecessary and seeks their substitution. The matter cites Sudhamai Patnaik v. Bihu Prasad Sahu and others (2022 SCC Online SC 1234) to support the discretionary power of the court to add/delete parties. However, the Kerala High Court ultimately agrees with the trial court’s reasoning, noting personal allegations against respondent 2 necessitate maintaining him in the array, and allowing substitution would not be appropriate. The result is that the original petition is dismissed, with the court upholding the order Ext.P6 and affirming the court’s exercise of jurisdiction under Article 227 of the Constitution.
Provisions of Law Cited
Legal Doctrines & Maxims
- Discretion of the Court in adding/deleting parties
- The act of adding and deleting parties is at the discretion of the Court
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that, in light of the 2020 election of new office-bearers, the 1st and 2nd respondents as existing Secretary and President should be regarded as unnecessary parties, and respondents 3 and 4 should be substituted or added as defendants to reflect current control of the Karayogam. They rely on the principle that the court may exercise discretion to join or delete parties, citing Sudhamai Patnaik v. Bihu Prasad Sahu and others to support this discretion.
Contentions of Respondents
The respondents submit that the 1st and 2nd respondents remain necessary parties due to their continuing involvement and the personal allegations against the 2nd respondent in the plaint. They oppose substitution and argue that the court below rightly held that the 1st and 2nd respondents cannot be deleted; instead, respondents 3 and 4 may be added as additional defendants. They rely on procedural requirements and the need to address personal allegations in the suit.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sudhamai Patnaik and others vs. Bihu Prasad Sahu and others | 2022 SCC Online SC 1234 | Positive | Supreme Court held that the act of adding and deleting parties is at the discretion of the Court, a principle relied upon by the Kerala High Court in this case. |
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