P. PALANISAMY Vs. N. VISWANATHAN

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the fair and decreetal order, dated 30.09.2016 in E.A. No. 38 of 2015 in E.P. No.239 of 2013 in O.S. No. 165 of 2007 passed by the learned Additional Subordinate Judge, Karur.

(2.) The revision petitioner herein/plaintiff has filed a money suit in O.S. No. 165 of 2007 and the same was decreed on 04.12.2012 in favour of the revision petitioner. Based on the decree, dated 04.12.2012, the revision petitioner has filed a petition in E.P. No.239 of 2013 in O.S No.165 of 2007. Thereafter, the revision petitioner herein has filed an application in E.A. No.38 of 2015 in E.P. No.239 of 2013 in O.S. No.165 of 2007 under Order 1 Rule 10(2) and Section 151 of the Civil Procedure Code to implead the proposed respondents as respondent Nos.2 & 3 in the Execution petition and the same was dismissed on 30.09.2016 against the revision petitioner herein/plaintiff. Aggrieved over the same, the revision petitioner is before this Court.

(3.) Heard the learned counsel appearing for the revision petitioner and the respondent Nos.2 & 3 and perused the material documents available on record.