Supreme Court of India · 2008-02-26
Scotts Engineering, Bangalore vs Rajesh P. Surana & Ors
- Citation / case number
- AIRONLINE 2008 SC 528
- Court
- Supreme Court of India
- Petitioner
- Scotts Engineering, Bangalore
- Respondent
- Rajesh P. Surana & Ors
- Author
- H.K. Sema
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that the appellant, who was added as defendant No.6 in a suit concerning the sale of a ship, could not be held liable for the decree passed against the original defendants since he was not a party to the original suit and no relief was sought against him. The Court emphasized that the addition of a party does not automatically subject them to the liabilities of the original defendants unless claims are explicitly made against them. The appeal was allowed, and the decree against the appellant was set aside, reaffirming the principle that parties must be properly included in claims for liability to attach.