N.SATISH Vs. N.RAMADASS

JUDGEMENT

(1.) The revision petitioner herein is the petitioner/third party, the first respondent is the first respondent / plaintiff and the respondents 2 and 3 are the respondents 2 and 3 / defendants 1 and 2 before the trial Court. The revision petitioners filed the instant Civil Revision Petition against the order of dismissal passed by the learned District Munsif cum Judicial Magistrate, Tiruchirappalli, in an application for impleading the revision petitioner as third defendant in the suit.

(2.) For the sake of convenience, the parties will be referred to according to their litigative status before the trial Court.

(3.) The short facts, which give rise to the instant Civil Revision Petition, are as under: The plaintiff / first respondent has filed the suit against the respondents 2 and 3 / defendants, for declaration, to declare the sale deed executed by the second and third respondents as null and void. According to the plaint averments, it appears that the plaintiff along with his legal heirs, have given a registered power in favour of the first defendant, under document No.1108/2004, dtd. 24/5/2004. According to the first respondent / plaintiff, the said general power of attorney was subsequently revoked on 7/6/2007 under document No.1604/2007 dtd. 19/6/2007, and that such factum was duly intimated to the first respondent. However, subsequent to the revocation of the power deed, the first defendant fraudulently sold the suit property in favour of his wife, who is the second defendant / third respondent. Hence, according to the first respondent / plaintiff, the sale transaction between the second and third respondents, namely the defendants 1 & 2, are sham and nominal and not binding upon him. Hence, he came forward with the suit.