KARIAPPAN Vs. KONDAPPAN ALIAS KONDATHU GOUNDER AND ORS

JUDGEMENT

(1.) This Civil Revision Petition filed under Article 227 of the Constitution of India is directed against the fair and decreetal order dated 26.4.2010, in I.A.No.1200 of 2009 in O.S.No.40 of 2005, on the file of the District Munsif, Tiruppur.

(2.) The petitioner is a third party to the proceedings and the first respondent is the plaintiff. The Suit in O.S.No.40 of 2005 was filed for partition of the suit schedule property to divide the same into three equal shares and allotted one such share to the plaintiff. The third defendant resisted the suit claim by filing a written statement. The petitioner herein filed I.A.No.1200 of 2009 under Order 1 Rule 10(2) CPC to permit him to implead himself as the 11th defendant in the Suit, on the ground that he has purchased a portion of the suit property from the first respondent.

(3.) The first respondent/plaintiff resisted the Application by stating that the sale deed dated 13.9.2006 executed in favour of the petitioner is hit by lis pendens. The trial Court held that the petitioner who is a pendente lite purchaser of the suit property has no better right than his vendor, is neither a proper nor a necessary party to the Suit and dismissed the Application by order dated 26.4.2010. This order is impugned in this Revision.