C RAMASAMY Vs. S S CHINNUSAMY

JUDGEMENT

(1.) THE petitioners are third parties to the suit in O.S. No. 200 of 2008 on the file of the Principal District Munsif, Bhavani. THE suit has been filed by the respondents who are four in numbers for a declaration that re-survey undertaken by the defendants 1 to 3 who are Government Officials with respect to re-survey No. 95 and 96 in Kilvani Village, Bhavani Taluk is not valid and also for a permanent injunction restraining the defendants from enjoying the properties by taking their cattle, tractor, lorry, etc., by constructing drainage nor putting up electric posts or by any other means.

(2.) PENDING the trial of the suit, these petitioners filed application in l.A.No. 1233 & 1234 of 2008 under Order 1 Rule 10(2) and Section 151 of CPC for impleading them as party defendants.

(3.) AFTER hearing both sides, the learned District Munsif, Bhavani dismissed the application by observing that there is no relief prayed for against these petitioners and hence they are not necessary parties to the suit. The said order is under challenge before this Court.