SUBRAMANIAN Vs. MURUGESAN

JUDGEMENT

(1.) The unsuccessful proposed fourth defendant has filed this Civil Revision Petition challenging the order dated 23.9.2011 passed by the learned District Munsif cum Judicial Magistrate, Keeranur, Pudukkottai District in I.A. No. 398 of 2011 in O.S. No. 137 of 2007, dismissing the petition filed under Order I Rule 10(2) C.P.C. to add him as a party in the suit. Originally, the fourth respondent herein viz., Jothi Lakshmi has filed a suit in O.S. No. 13 of 2007 on the file of the District Munsif Court, Keeranur against the respondents 1 to 3 herein, who were defendants 1 to 3 in the suit, seeking the relief of permanent injunction on the contention that it is her exclusive property having been obtained by virtue of the sale dated 18.9.2010.

(2.) Denying the allegations in the suit, the defendants 1 to 3 have filed a written statement.

(3.) While the suit was pending, the revision petitioner herein has filed a petition in I.A. No. 398 of 2011 in O.S. No. 137 of 2007 under Order I Rule 10(2) C.P.C. contending that he is in possession of the part of the suit property and that he has built up a house, in which he is residing for a past 25 years and therefore, he should be impleaded as a party in the suit.