Defendant In A Plaint Cannot Insist That Plaintiff Should Sue A Third Party

Case: Aaa Vehicleades Pvt Ltd V. Balkishan Gupta

Coram: Justice C Hari Shankar

Case No.: CM (M) 1674/2019

Court Observation: “A defendant in a plaint cannot insist that the plaintiff should sue a third party. He can only defend the plaint qua the allegations against him. It is open to a defendant to contest his liability, qua the plaintiff, and, in an appropriate case, the defendant may also be entitled to move an application for rejection of the suit outright, if it fails to make out any sustainable cause of action against the plaintiff invoking, for the purpose, Order VII Rule 11 of the CPC,”

“In my view, the impugned decision of the learned ADJ is unexceptionable, both on facts as well as in law. It is, truly, the prerogative of the plaintiff to choose whom to sue. In case the plaintiff sues a party who is not liable, and fails to sue the parties who are liable, she/he does so at her/his own risk and costs,”

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