C SARASWATHI Vs. S RAMACHANDRAN

JUDGEMENT

(1.) The above civil revision petition has been filed under Section 115 of the Code of Civil Procedure against the fair and decretal order dated 23-11-2000 made in I. A. No. 653 of 2000 in O. S. No. 82 of 1998 by the Court of District Munsif, Sivaganga thereby dismissing the Interlocutory Application filed by the petitioner herein praying to implead her as the second plaintiff in the suit.

(2.) Tracing the history of the above civil revision petition coming to be filed by the petitioner, what comes to be known is that the petitioners husband, the second respondent herein, has filed the suit in O.S. No. 82 of 1998 based on a pronote dated 1-6-1996 alleged to have been executed in favour of the petitioner herein for a sum of Rs.30,000/- by the first respondent herein on a supposed made over given by the petitioner herein in favour of her husband, but actually no endorsement has been effected in the pronote to the said effect. However, the suit has been filed by the husband praying for a decree as prayed for in the suit in his favour.

(3.) The petitioner would come forward to say that purely by mistake or oversight, in spite of all her intentions, a made over has been given in her husbands favour but the endorsement had riot been effected and therefore it has become necessary on her part to become party to the suit as the second plaintiff to prosecute the same and therefore she has come forward to file the above application under Order 1 Rule 10 and Section 151 CPC and the said application having been taken on file, the trial Court having conducted an enquiry with due opportunity for both parties to be heard, during which the defendant in the suit would stiffly oppose the implication of the petitioner as the second plaintiff in a suit anonymously filed by her husband without any locus standi to file the same and hence the lower Court would ultimately dismiss the said application filed by the petitioner for her impleadment, testifying the validity of which and praying to set aside the same, the petitioner has come forward to file the above civil revision petition on certain grounds as brought forth in the grounds of revision petition.