MOHANDASS Vs. RAJMOHAN

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order passed in I.A.No.6 of 2020 in O.S.No.38 of 2020, dtd. 4/11/2020, on the file of the Subordinate Court, Devakottai, in allowing the petition for impleadment under Order 1 Rule 10(2) of the Code of Civil Procedure.

(2.) The revision petitioners, who are the respondents 1 to 3/plaintiffs have filed the suit originally in O.S.No. 23 of 2019, before the District Munsif Court, Devakottai, against the fourth respondent, who is the sole defendant claiming the relief of declaration and recovery of possession and for permanent injunction. Subsequently, on the point of jurisdiction, the suit was transferred to the Subordinate Court, Devakottai and the same was taken on file in O.S.No. 38 of 2020. Since the defendant has not entered appearance before the District Munsif Court, he was set ex-parte on 14/8/2019 and after transfer, the said order setting him ex-parte was confirmed on 19/3/2020.

(3.) Thereafter, the defendant has filed the petition under Order 9 Rule 7 C.P.C for setting aside the ex-parte order in I.A.No.4 of 2020 and the learned Subordinate Judge, after enquiry, has passed an order, dtd. 9/10/2020, dismissing the said petition. During the pendency of the suit, the defendant sold the suit property and adjoining properties to one Kathiresan on 24/10/2019 and thereafter the said Kathiresan died on 1/9/2020.