Baluram Vs. P. Chellathangam & Ors.
The Code of Civil Procedure, 1908 - Order I Rule (10)
Indian Trusts Act, 1881, Section 49 - Trust Property - Alienation - Beneficiary - Impleadment as party - Necessary party - Proper party - The appellant is a beneficiary of the Trust and under the provisions of the Trusts Act, the Trustee has to act reasonably in exercise of his right of alienation under the terms of the trust deed - Appellant cannot thus be treated as a stranger - No doubt, it may be permissible for the appellant to file a separate suit, but the beneficiary could certainly be held to be a proper party - There is no valid reason to decline his prayer to be impleaded as a party to avoid multiplicity of proceedings - The trial Court was justified in impleading him as a party - The High Court erred in interfering with the order of the trial Court.
Topic(s)-Civil Procedure – Impleadment as party
Important Decision(s)- No doubt, it may be permissible for the appellant to file a separate suit, but the beneficiary could certainly be held to be a proper party.