IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LTD. versus M/S. BHARGAVARAMA CONSTRUCTIONS & ORS.

IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LTD. versus M/S. BHARGAVARAMA CONSTRUCTIONS & ORS.

The High Court's order impleading A.P. Transco as party to the appeal and to the original suit and setting aside the trial court judgment solely on the ground of impleadment without assigning reasons or deciding the merits was improper; the High Court order is set aside and the matter remitted to the High Court to decide the impleadment application and the first appeal on its own merits in accordance with law.

Parties
Appellant Original Plaintiff: IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LTD.; Respondents (original Defendants): M/S. BHARGAVARAMA CONSTRUCTIONS & ORS.
Jurisdiction
India
Judgment Date
16 December 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court (civil Appeal No.7639 of 2021)
Outcome
Appeal allowed
Legal Topics
Impleadment, First Appeal Under Section 96 CPC, Order XLI Rule 31 CPC, Joinder of Parties, Remand, Dominus Litis
Civil Procedure Impleadment First Appeal Under Section 96 CPC Order XLI Rule 31 CPC Joinder of Parties Remand Dominus Litis

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Parties

IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LTD.

Appellant Original Plaintiff

M/S. BHARGAVARAMA CONSTRUCTIONS & ORS.

Respondents (original Defendants)

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court (civil Appeal No.7639 of 2021)

Legal Issues

  1. 1 Whether the High Court erred in impleading A.P. Transco as a party to the appeal and original suit without assigning reasons
  2. 2 Whether the High Court could set aside the trial court judgment and decree solely because impleadment was allowed, without deciding merits of the first appeal
  3. 3 Whether an application for impleadment in an appeal preferred by original defendants is maintainable and under which provision of CPC

Ratio Decidendi

The High Court's order impleading A.P. Transco as party to the appeal and to the original suit and setting aside the trial court judgment solely on the ground of impleadment without assigning reasons or deciding the merits was improper; the High Court order is set aside and the matter remitted to the High Court to decide the impleadment application and the first appeal on its own merits in accordance with law.

Court Disposition

Appeal allowed

Orders

  • Order passed by the High Court in CCCAMP No.246 of 2017 impleading A.P. Transco as party to the appeal and to the original suit is set aside.
  • Impugned judgment and order passed by the High Court quashing and setting aside the judgment and decree passed by the trial court is set aside.