THAVAMANI Vs. SAMEEN BANU

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the dismissal order dtd. 19/8/2021 passed in I.A.No.4 of 2021 in O.S. No.309 of 2010 on the file of the Principal Subordinate Court, Dindigul, filed under Order 1 Rule 10(2) of the Code of Civil Procedure to implead the petitioner as one the defendant in the suit.

(2.) The case of the petitioner is that during the pendency of the suit, the fifth respondent / second defendant had suppressing the pending suit and had falsely represented that she alone is entitled to the suit property and entered into a sale agreement on 24/8/2016 by receiving an advance of Rs.5,00,000.00 (Rupees Five Lakh only) and agreed to execute a sale deed in favour of the petitioner within one year. When the fifth respondent / second defendant failed to execute the sale deed, the petitioner enquired and came to know about the pendency of the suit and hence, she filed a petition to implead her as a necessary party to the suit.

(3.) The respondents 1 to 3 / Plaintiffs had filed a counter contending that the suit is in the fag end of the trial and the arguments of the plaintiffs were adduced and at that stage, the petition was filed with a view to delay the pronouncement of judgment. The respondents 1 to 3 / plaintiffs had further contended that the petition had been filed by the petitioner at the instigation of the power of attorney holder of the fifth respondent / second defendant and that the agreement had been entered during the pendency of the suit and that the petitioner is not a necessary party to the suit.