M. SEKAR Vs. N. KRISHNAN

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the fair and decreetal order in I.A.No.17 of 2015 in O.S.No.289 of 2011 on the file of the Principal District Munsif, Chidambaram, thereby allowing the petition filed by the respondents herein to implead the 2 nd respondent as one of the plaintiff in the main suit.

(2.) The 1 st respondent is the original plaintiff, who had filed the suit for declaration and recovery of possession in respect of the suit schedule property. Pending suit, the 1 st respondent herein sold out the entire suit schedule property in favour of the 2 nd respondent herein by sale deed dated 09.10.2014. Thereafter, he became the absolute owner of the suit schedule property and hence, he has to prosecute the suit as the purchaser of the entire suit property. Aggrieved by the same, the petitioner viz., the defendant preferred this Civil Revision Petition.

(3.) The learned counsel for the 2 nd respondent submitted that the 1 st respondent/ sole plaintiff now died and as such the 2 nd respondent being the purchaser of the entire suit schedule property has to prosecute the suit filed by the 1 st respondent herein. In support of his contentions, the learned counsel for the 2 nd respondent would rely upon the judgment of this court in V.L.Dhandapani and others vs. Revathy Ramachandran and others , 2014 4 CTC 814, wherein, this court has observed as follows:-