LAKSHMI NARAYANAN @ HARI Vs. THULASIMANI; KARTHIK; BASKARAN; LOGANANTHAN

JUDGEMENT

(1.) The civil revision petition is filed against the order made in I.A.No.1194 of 2007 in O.S.No.843 of 2004 dated 22.01.2008 on the file of the Principal District Munsif, Erode in dismissing the application filed by the petitioner to implead him as party plaintiff in the above said suit.

(2.) Following are the short facts that arise for consideration in this civil revision petition:

(3.) The court below dismissed the said application by holding that the petitioner can be impleaded as party plaintiff only after the genuineness of the said will is proved and that the application for impleadment was not filed immediately after the death of the first plaintiff. After the said order, the petitioner himself filed another I.A.No.728 of 2009 seeking for impleading himself as the third plaintiff in the said suit under Order 1 Rule 10(2) C.P.C. The said I.A. was dismissed by the trial court on 01.09.2009 on the ground that the same is barred by res judicata in view of the fact that the earlier application filed in I.A.No.1194 of 2007 was already dismissed and the said order has become final. Challenging the said order made in I.A.No.728 of 2009 dated 01.09.2009, the petitioner filed CRP (NPD) No.2522 of 2011 before this Court. By an order dated 10.08.2011, the said civil revision petition was dismissed on the ground that the earlier application filed for impleading the petitioner was rejected and therefore, the subsequent application was barred by res judicata. However, this Court, while dismissing the said civil revision petition, has also observed that the order made in the said civil revision petition will not in any way prejudice the case of the petitioner in the event he moved the appropriate forum. Consequent upon the dismissal of the above C.R.P.(NPD) No.2522 of 2011, the petitioner has filed the present civil revision petition challenging the order made in I.A.No.1194 of 2007 dated 22.01.2008.