A.No.4448 of 2025 in C.S.No.74 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-09-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL A No.4448 of 2025 in C.S.No.74 of 2024 V.Gynambigai W/o.S.Vetrivelan, Plot No.1919, Kumaravel Illam, H Block, 2nd Street, 12th Main Road, Anna Nagar, Chennai 600 040. ...Impleading Applicant/ Proposed 2nd defendant Vs 1. S.Kumarasamy ...Respondent/Plaintiff 2. S.Vetrivelan ...Respondent/Defendant For Applicant(s): M/s.C.Bhargavi For Respondent(s): Mr.S.Senthilnathan for R1 Page No.1 of 6 https://www.mhc.tn.gov.in/judis A.No.4448 of 2025 in C.S.No.74 of 2024 ORDER This application has been filed to implead the applicant/proposed party as the second defendant in the suit. 2. According to the applicant, the plaintiff filed a suit for partition. In the written statement, the defendant raised certain counterclaims inter alia, seeking a mandatory injunction directing the plaintiff to hand over the immovable property prescribed in the “A” schedule, which belongs to the defendant's wife/applicant. By utilizing the jewels of the defendant's wife/applicant, the property has been purchased; therefore, in order to decide the case effectively, this applicant is also a proper and necessary party. Hence, she filed this application. 3. According to the respondent/plaintiff, this application is not maintainable and the plaintiff is the ''DOMINOUS LITIOUS'' and the defendant cannot compel the plaintiff to add parties to the suit. All the proper and necessary parties are already included in this suit and the suit Page No.2 of 6 https://www.mhc.tn.gov.in/judis A.No.4448 of 2025 in C.S.No.74 of 2024 property only belongs to the plaintiff and the defendant. Therefore, the proposed party is neither a proper nor a necessary party to decide this case. Hence, the petition is liable to be dismissed. 4. This Court heard both sides and perused the records. 5. In this case, the applicant/third party filed an application to implead her as a proper and necessary party to this suit. The main suit is filed for relief of partition and separate person of the property in respect of the immovable property. In the said suit, the defendant filed a counterclaim alleging that the jewels of the wife of the defendant/applicant were also utilized for the purchase of the property and therefore, the applicant, being the wife of the defendant, filed an application to implead her as one of the parties in the main suit, which is filed for partition. 6. It is well-settled law that the plaintiff is ''DOMINOUS LITIOUS'', and he has to choose against whom he has to file suit. It is not the case of Page No.3 of 6 https://www.mhc.tn.gov.in/judis A.No.4448 of 2025 in C.S.No.74 of 2024 the applicant that those jewels are part of the suit properties and no plea is taken by the defendant for partial partition for not including the above-said jewels. The suit is filed only for the immovable property, and if at all any plea is raised in respect of the non-joinder of a necessary party and partial partition, that has to be decided in the main suit. At this stage, without including the jewels of the applicant as suit properties, neither the petitioner is proper nor necessary party to decide this partition suit. Therefore, this application has no merits and deserves to be dismissed. Accordingly, this application is dismissed. 09-09-2025 (1/2) dk Page No.4 of 6 https://www.mhc.tn.gov.in/judis A.No.4448 of 2025 in C.S.No.74 of 2024 To 1.S.Kumarasamy and another S/o Late T.K.Sivagurunathan, Plot No.4/388,10th Street, First Main Road, Mmda Colony, Maduravoyal, Chennai 95. 2. S.Vetrivelan Plot No.1919, Kumaravel Illam, H Block 2nd Street, 12th Main Road, Anna Nagar, Chennai 40. Page No.5 of 6 https://www.mhc.tn.gov.in/judis A.No.4448 of 2025 in C.S.No.74 of 2024 P.DHANABAL,J. dk A No.4448 of 2025 in C.S.No.74 of 2024 09.09.2025 (1/2) Page No.6 of 6 https://www.mhc.tn.gov.in/judis