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(2004) 2 MLJ 111 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : M.Karpagavinayagam, J.
Case Number(s) : C.R.P.(P.D.) Nos.1652 and 1737 of 2003 and C.M.P.Nos.12173 and 12783 of 2003
Judgement Date :
Wednesday 31st of December 2003
| Antony Devaraj and another | .....Appellant(s) | | Versus | | | Aralvaimozhi (Kurusadi) Devasahayam Mount Dor and Thuya Viagula, Annai Church represented by the Trustee and others | .....Respondent(s) |
(A) Civil Procedure Code (V of 1908), O.1, Rule 10(2) — Impleading of parties — When can be allowed — When no relief sought for against the proposed defendants — They are neither proper nor necessary parties — Proposed parties can figure as witnesses during trial.
(B) Practice and Procedure — Civil Procedure Code (V of 1908), O.19, Rule 2 — Advocates Act (XXV of 1961), Sec.49(c) — Affidavits — Filing of — By counsel on record — Whether permissible — Advocates also file affidavit in support of an application are liable to be cross-examined — Deponent of the affidavit takes the note of a witness — Practice of Advocates filing affidavit, without sworn affidavit by parties, deprecated — Direction sissued to prevent such practice in lower Courts.
Cases Referred
P. R. Nallathambi v. V. Raghavan A.I.R. 1973 Mad. 25
N. C. Garai v. Matri Bhandar A.I.R. 1974 Cal. 358
Lakshmi Narain v. District Judge, Fatehpur A.I.R. 1992 All. 119
Somasundaram Chettiar v. Balasubramanian [1998] 1 C.T.C. 626
Nagarajan, V. P. v. Prabhavathi [1989] 1 L.W. 543
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