PAPPA Vs. R MUNIAPPAN

JUDGEMENT

(1.) Heard both the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent.

(2.) This Civil Revision has been preferred under Article 227 of the Constitution of India, challenging the order, dated 27-9-2010 made in I.A. No. 251 of 2010 in O.S. No. 11 of 2009 on the file of the Additional District Judge/FTC No. 2, Salem.

(3.) It is seen that the suit was filed by the respondent herein against the petitioners, seeking specific performance of an alleged agreement, dated 21-3-2007, wherein the petitioners/defendants filed the Interlocutory Application in I.A. No. 251 of 2010 under Order 1, Rule 10(2), CPC, seeking an order to implead one P. Amavasai, a third party as the third defendant in the suit. In the accompanying affidavit, the petitioners/defendants have stated that they entered into an agreement for sale, dated 21-3-2007 by the aforesaid P. Amavasai, earlier to the alleged agreement relating to the suit, hence, the third party has to be impleaded as third defendant in the suit, however, the same was dismissed by the Court below. Aggrieved by which, this Revision has been preferred.