S.JAYARAM Vs. B.RADHAMANI

JUDGEMENT

(1.) AGGRIEVED over the fair and final order passed in I.A.No.1475 of 2009 in O.S.No.78 of 2009 on the file of the District Munsif Court, Tiruppur, the petitioner, who is a third party to the suit, has filed the above Civil Revision Petition.

(2.) THE respondents 1 and 2 are the plaintiffs and the third respondent is the defendant in the suit. The plaintiffs filed the suit in O.S.No.78 o 2009 on the file of the District Munsif Court, Tiruppur for declaration and permanent injunction. The petitioner filed the application in I.A.No.1475 of 2009 under Order I, Rule 10 of the Code of Civil Procedure to implead himself as the second defendant in the suit. The respondents 1 and 2 filed their counter and opposed the petition. However, the third respondent, who is the sole defendant in the suit, had no objection for impleading the petitioner as the second defendant in the suit. The trial Court after taking into consideration the case of both sides dismissed the petition holding that the third party-petitioner is not a necessary party to the suit. Aggrieved over the same, the third party-petitioner has filed the above Civil Revision Petition.

(3.) ON careful consideration of the materials available on record and the submissions made by both the counsel, it is not in dispute that earlier, the petitioner had filed Public Interest Litigation before this Court in W.P.No.13155 of 2009 and this Court, by an order dated 15.7.2009 disposed of the Writ Petition giving liberty to the petitioner to file an application to implead himself in the present suit. However, it was brought to the notice of this Court that this Court while giving liberty further directed that any such application has to be decided only on merits.