Madras High Court
CRP/2084/2023 of K.N.Balakrishnan Vs P. Sakunthala on 6 October 2026
CRP No. 2084 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 2084 of 2023
CNR:{HCMA010994782023}
AND
CMP NO. 12797 OF 2023
K.N.Balakrishnan
S/o.Narayanan, Partner,
M/s.AAKR LG Super Shoppe, No.18, Rams
Nagar, No.1, Metal Bearing Back Side,
P.N.Puthur, Coimbatore 641 041.
..Petitioner(s)
Vs
1. P. Sakunthala
No.2/16, 8 Cross Street
Nethaji Colony, Velachery, Chennai 42.
2. M/s.AAKR LG Super Shoppe
Rep.by its Managing Partner,
C.N.AnanthaKumar, No. 6V SIS Meridian
Apartments, 100 feet Road, Velachery,
Chennai 42.
3. C.N.Ananthakumar
No.6V, SIS Meridian Apartments, 100 feet Road, Velachery, Chennai 42.
4. Lakshmi Prabha
Partner, No.6V, SIS Meridian Apartments, 100
feet Road, Velachery, Chennai 42.
[Respondents 2 to 4 are set exparte in the above suit and IA and hence given up]
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India paying to set aside the fair and decretal order dated 02.12.2022 made in IA.No.1
CRP No. 2084 of 2023
of 2022 in OS.No. 6191 of 2021 on the file of the learned III Additional City Civil Court, Chennai.
For Petitioner(s):
Mr.P.Kumanan
For Respondent(s):
R1 – No appearance
R2 to R4 Given up
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Order
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order passed in IA.No.1 of 2022 in OS.No. 6191 of 2021 on the file of the learned III Additional City Civil Court, Chennai, wherein the application filed by the 1st respondent / plaintiff under Order I Rule 10 of CPC, seeking to implead the petitioner as the proposed 4th defendant, came to be allowed by the Court below.
2. Heard the learned counsel for the petitioner and carefully considered the materials available on record and also the order passed by the Court below. Though notice has been served on the respondent, there is no appearance either in person or through counsel.
3. The 1st respondent / plaintiff filed the suit in OS No.6191 of 2021 seeking for the relief of recovery of money from the defendants 1 to 3. In the year 2022, the application came to be filed by the plaintiff seeking to implead the petitioner as the proposed 4th defendant on the ground that the petitioner was
CRP No. 2084 of 2023
also a partner in the 1st defendant partnership firm.
4. The petitioner filed a counter to the effect that he had retired from the partnership firm as early as in the year 2013 and that he had nothing to do with the partnership firm thereafter and therefore, he is neither a necessary nor a proper party to the proceedings.
5. The Court below by an order dated 02.12.2022 has allowed the application and aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
6. In the considered view of this Court, the specific stand taken by the petitioner is that he had retired from the partnership firm in the year 2013 itself. The suit has been filed against the partnership firm and defendants 2 and 3 seeking recovery of rental arrears for the period from 2016 – 2017. During this period, the petitioner was no longer a partner in the firm. Therefore, there is absolutely no ground to include the petitioner as the 4th defendant in the suit since he is neither a necessary nor a proper party.
7. In the light of the above discussion, the order passed by the Court below in IA No.1 of 2022 in OS No.6191 of 2021 by the III Additional City Civil Court, Chennai, dated 02.12.2022, is hereby set-aside and this Civil
CRP No. 2084 of 2023
N.ANAND VENKATESH J. RKA Revision Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To III Additional City Civil Court, Chennai.
CRP No. 2084 of 2023 AND CMP NO. 12797 OF 2023