P. PANDIAN Vs. VENKATACHALAPATHY

JUDGEMENT

(1.) This civil revision petition is arising out of fair and decreetal order dated 03.02.2015 made in IA.No.3741 of 2014 in OS.No.516 of 2010 on the file of the I Additional District Munsif Court, Kallakurichi.

(2.) The respondents 1 to 3 filed suit for declaration and injunction as against the respondents 4 and 5 herein in respect of the suit schedule property. Before filing the suit, the plaintiffs executed power of attorney in favour of one Asokan. In turn, the said Asokan on the strength of power of attorney executed sale deed in respect of part of suit schedule property in favour of the petitioner herein. Therefore, the petitioner filed petition to implead as one of the plaintiffs in the main suit.

(3.) The learned counsel for the petitioner would submit that the petitioner purchased the suit property from the power holder of the plaintiffs in respect of second item of the suit property and as such he necessarily to be impleaded as one of the plaintiffs to contest the suit. In support of his contention he relied upon the judgments in the case of Thomson Press(India) Ltd Vs. Nanak Builders and Investors P.Ltd. and others reported in 2013 (2) CTC 104 and in the case of V.L.Dhandapani and others Vs. Revathy Ramachandran and others reported in 2014 (4) CTC 814.