SWAMINATHAN Vs. MANGAYARKARASI

JUDGEMENT

(1.) THE revision petitioner/petitioner/defendant has projected this Civil Revision Petition before this Court as against the order dated 28.08.2009 in I.A.No.9542 of 2009 in O.S.No.7745 of 1985 passed by the learned III Assistant Judge, City Civil Court, Chennai.

(2.) THE trial Court while passing orders in I.A.No.9542 of 2009 in O.S.No.7745 of 1985 on 28.08.2009 as among other things observed that ".....Accordingly respondents took out an application for impleadment in the Final Decree proceedings and the same was allowed. As against the said order, the petitioner filed C.R.P.No.4172 of 2008 and the same was dismissed. So the impleadment was confirmed by the Honourable High Court. So the present petition filed by the petitioner is unwarranted and misleading" and resultantly dismissed the application with cost of Rs.500/- to be paid to the respondents.

(3.) CONTINUING further, the learned counsel for the Revision Petitioner/defendant contends that the eighth respondent was not a party to O.S.No.7745 of 1985 and indeed he was not a party to the Preliminary Decree proceedings and as such, the approach of the trial Court in straight away impleading the eighth respondent to the Final Decree proceedings in O.S.No.7745 of 1985 is contrary to Law.