JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the plaintiff in O.S.No.127/2012 on the file of the Sub Court, Thodupuzha filed I.A.No.140/2017, an interlocutory application under Order I, Rule 10 of the Code of Civil Procedure, 1908 seeking an order to implead the Excise Commissioner, Thrissur and the Special Tahsildar (Revenue Recovery), Thrissur as the additional 8 th and 9 th defendants in that suit. The said interlocutory application ended in dismissal by Ext.P3 order dated 07.04.2017, which is under challenge in this original petition filed under Article 227 of the Constitution of India.

(2.) Heard the learned counsel for the petitioner/plaintiff, learned Senior Government Pleader for respondent 1 to 3/ defendants 1 to 3 and also the learned counsel for the 7 th respondent/additional 7 th defendant. The 5 th respondent/5 th defendant was deleted from party vide order dated 14.09.2017, at the risk of the petitioner/plaintiff.

(3.) The sole issue that arises for consideration in this original petition is as to the legality or otherwise of Ext.P3 order dated 07.04.2017 of the court below in I.A.No.140/2017.