SANTHOSH KUMAR Vs. V PRIJI

JUDGEMENT

(1.) THE petitioner who states that he was impleaded as an additional defendant in O.S.No.518 of 2010 on the file of the Court of the Munsiff of Attingal, challenges in this Original Petition the order dated 18th January, 2011 in I.A.No.82 of 2011. I.A.No.82 of 2011 was filed by the plaintiff against the first defendant under Rule 1 of Order 39 and Section 151 of the Code of Civil Procedure. THE court below allowed that application by the order dated 18th January, 2011.

(2.) AN order under Order 39 Rule 1 of the Code of Civil Procedure is appealable under Order 43 of Rule 1(r)of the Code of Civil Procedure. If the petitioner is not a party to the I.A. for injunction, still, he would be entitled to file the appeal after getting leave of the court. The application for leave to appeal will be considered on the merits of each case. It is stated that the appeal lies before the Sub Court, Attingal. I am of the view that the petitioner is not entitled to approach this court under Article 227 of the Constitution of India, in the facts and circumstances of the case mentioned above. The Original Petition is, accordingly, dismissed as not maintainable.