C.B.Suryanarayanan vs C.B.Sankaranarayanan
2021 Latest Caselaw 9153 Mad

                                                                         C.R.P.(PD).No.764 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 07.04.2021

                                                     CORAM:

                                    THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

                                             C.R.P.(PD).No.764 of 2021
                                             and C.M.P.No.6327 of 2021


                   C.B.Suryanarayanan                                           .. Petitioner

                                                        Vs.

                   1.C.B.Sankaranarayanan

                   2.L.Manimozhiarasu

                   3.C.B.Chandranarayanan

                   4.The Sub Registrar,
                     Office of the Sub Registrar,
                     Gudiyattam,
                     Vellore District.                                      .. Respondents

                   5.The Branch Manager,
                     Axis Bank,
                     No.44, V.O.C. Street,
                     Nadupet, Gudiyattam.                                  .. Proposed Party


                   PRAYER: Civil Revision Petition filed under Article 227 of the

                   Constitution of India, to set aside the fair and decreetal order dated



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https://www.mhc.tn.gov.in/judis/
                                                                                   C.R.P.(PD).No.764 of 2021


                   26.02.2021 made in I.A.No.100 of 2019 in O.S.No.150 of 2018 on the file of

                   the Learned District Munsif Court, Gudiyattam.



                                             For Petitioner       : Mr.N.Manoharan


                                                          *********

                                                          ORDER

This Civil Revision Petition has been filed to set aside the fair and

decreetal order dated 26.02.2021 made in I.A.No.100 of 2019 in O.S.No.150

of 2018 on the file of the Learned District Munsif Court, Gudiyattam.

2. The plaintiff, first and third defendants are brothers. They had

the benefit of inheriting the suit property. However, various events had

happened leading to the necessity by the plaintiff to institute a suit in

O.S.No.150 of 2018 before the District Munsif Court at Gudiyattam, seeking

a Judgment and a Decree in the nature of a declaration to set aside a sale

deed dated 17.06.2010 executed by the first defendant in favour of the

second defendant and also for a declaration to set aside a sale deed dated

25.10.2013 which was executed by the second defendant in favour of the

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.764 of 2021

first defendant. Both the sale deeds related the same property. The suit is

pending. Written statement had been filed by the first and second

defendants. At that stage, the petitioner / plaintiff herein filed I.A.No.100 of

2019 under Order 1 Rule 10(2) of the Code of Civil Procedure seeking

permission to implead the proposed party as a fifth defendant, the Branch

Manager of Axis Bank, Gudiyattam.

3. The reason for impleading the said Branch Manager as a

defendant was that the first defendant was making arrangements to borrow a

loan of Rs.50 Lakhs from the said Bank by mortgaging the suit property by

way of deposit title deeds. This application came up for consideration

before the learned District Munsif at Gudiyattam and by an order dated

26.02.2021, the learned District Munsif had thought that it was a fit case for

dismissal and accordingly dismissed the said application. It had been very

specifically observed that the application has been filed on the basis of

apprehension. Further, no documents had been filed by the petitioner herein

to substantiate the said apprehension that the first defendant was making

arrangements for getting loan from the Axis Bank.

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.764 of 2021

4. I do not find any reason to interfere with the order. The

petitioner has filed the application in I.A.No.100 of 2019 purely on

apprehension. Probably the petitioner hopes that if the Branch Manager is

impleaded as a defendant he may not come forward to offer loan or receive

the title deeds of the property as security. That is not a reason to be

advanced in Judicial Proceedings. At the most, even if mortgage is executed

by the first defendant, the Branch Manager can be a witness in the Judicial

Proceedings indicating the documents which had been executed. He need

not be a defendant in the suit.

5. Order 1 Rule 3 is very clear. The plaintiff should allege a series

of transactions against the defendants which give rise to a cause of action.

There is no cause of action as against the proposed defendant. It is only a

normal course for Banks to advance loans on receipt of title deeds. They

cannot be the parties in the suit. This petition is devoid on merits. This

petition is dismissed. I have find no reasons and no grounds to interfere

with the order complained.

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.764 of 2021

6. With the above observations, this Civil Revision Petition is

dismissed. No costs. Consequently, connected Miscellaneous Petition is

also closed.

07.04.2021 Index : Yes / No Web : Yes / No rna

To

The District Munsif Court, Gudiyattam.

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.764 of 2021

C.V.KARTHIKEYAN, J

rna

C.R.P.(PD).No.764 of 2021 and C.M.P.No.6327 of 2021

07.04.2021

https://www.mhc.tn.gov.in/judis/