MADHAVAN Vs. KALLIANI

JUDGEMENT

(1.) This revision Petition is directed against the order on I.A. No. 2036/90 in O. S. No. 25/83 on the file of the Munsiff - Magistrate Court, Pattambi. Petitioner is the plaintiff before the Court below.

(2.) By the impugned order the Court below allowed the application of the defendants 3 and 6 to implead supplemental defendants 13 to 15. Plaintiff filed O. S. 25/83 for partition. Defendants 3 and 6 contested the suit. The third defendant contended that the plaint schedule property was taken on lease by him and claimed exclusive title over the same. The 6th defendant is the assignee of the third defendant. The Trial Court passed a preliminary decree for partition. On appeal by defendants 3 and 6, the appellate Court held that the question of tenancy raised by them has to be referred to the Land Tribunal and hence the case was remanded to the Trial Court.

(3.) After the chief examination of the third defendant was over, the defendants 3 and 6 filed a petition to implead the assignees of the plaintiff and defendants 2 and 7 to 12 in respect of the properties. The petitioner objected to the application for impleadment. The court below allowed the application. Aggrieved by the said order the petitioner has filed this revision.