BEEBEE JOHN Vs. SHEIK HUSSAIN

JUDGEMENT

(1.) This revision petition has been filed by Beebee John, the petitioner herein seeking to set aside the order of dismissal of the petition filed by the petitioner in l.A.No. 23 of 1999 in Appeal Suit No. 7 of 1996 and Villupuram.

(2.) The brief facts are these :-

(3.) Mr. Kannan, the learned counsel for the petitioner, while attacking the impugned order, would submit that the appellate Court having power under Order 41 Rule 33 to pass order even against persons not made parties should have exercised the said power by impleading the proposed party as second respondent, especially when he was second defendant in the suit in order to do complete justice to the case. He would also submit that the decision with regard to title against the appellant though he claimed only some item could not have been decided without reference to the other items and as such, while deciding the same, the proposed party shall be heard, as he is a necessary party.