SARASWATHI Vs. PERUMAL

JUDGEMENT

(1.) The present Civil Revision Petition is filed by the petitioner, who is the second appellant before the lower Appellate Court. She is aggrieved against an order passed in unnumbered application in rejecting her application filed under Order I, Rule 10 and Section 151 of the Civil Procedure Code seeking to strike out the respondent in the appeal and to add the President of Ariyakoshti Village Panchayat as respondent in the appeal. Heard the learned counsel appearing for the petitioner and the respondent.

(2.) The petitioner and one Veerappan filed a suit in O.S. No. 21 of 2005 on the file of the District Munsif Court, Parangipettai, against the respondent herein for permanent injunction restraining the defendant, his men, agents and other persons under him in any manner interfering with the peaceful possession and enjoyment of the suit property. The first plaintiff claimed that he was the absolute owner of the suit property which was allotted by the Government by granting patta. He had executed a registered Will on 19.2.1999 in favour of the second plaintiff (petitioner herein) and her son. The defendant is the President of the Village Panchayat and taking advantage of such position, he planned to grab the suit property from the plaintiffs. Therefore, the plaintiffs filed the said suit as statedby arraying the respondent as defendant.

(3.) A written statement was filed by the respondent herein, wherein it is stated that Rs. No. 248/1 is only a Grama Natham and the first plaintiff got patta only for RS. No. 382/22 and he had no right, title and interest in respect of RS. No. 382/23, which is Sarkar Poramboke land. It is also specifically stated at Paragraph No. 14 of the written statement that the plaintiffs are not residing at RS. No. 382/23.