LAWS(MAD)-2023-1-274

PADMINI Vs. JOTHIMANI

Decided On January 25, 2023
PADMINI Appellant
V/S
JOTHIMANI Respondents

JUDGEMENT

(1.) The civil revision petition has been filed against the Fair and Decretal Order passed in I.A.No.1566 of 2021 in O.S.No.228 of 2020 dtd. 23/4/2022. The revision petitioner is the first plaintiff in the suit which was instituted for declaration.

(2.) During the pendency of the suit, respondents 1 to 6 filed an application under Order I Rule 10 of CPC, to implead themselves as defendants in the suit as they being necessary parties for adjudication of the issues. The first petitioner Mrs.Jothimani is the wife of the deceased Subramanian. The other petitioners are the children born to Mrs.Jothimani and her husband late Mr.Subramanian. The said facts were not disclosed in the suit by the plaintiff.

(3.) When the respondents 1 to 6 came to know about the facts regarding the institution of suit for declaration, they filed the application for impleading under Order 1 rule 10 of CPC. The Trial Court considered the issues raised between the parties and further considered the documents marked by the respondents 1 to 6. The Adhar Card, Community Certificates, Family Card, ect., produced by the respondents 1 to 6, revealed that they became necessary parties for the adjudication of issues raised in the suit, filed by the revision petitioner herein.