LAWS(MAD)-2014-8-16

C. BALASUBRAMANIAN Vs. K.S.K. SUNDARAM

Decided On August 04, 2014
C. BALASUBRAMANIAN Appellant
V/S
K.S.K. Sundaram Respondents

JUDGEMENT

(1.) THESE civil revision petitions have been filed to set aside the fair and decretal order, dated 09.01.2008, made in I.A.Nos.87, 85 and 86 of 2007 in O.S.Nos.322, 317 and 321 of 2000, on the file of Subordinate Court, Karur, respectively.

(2.) ALL the three civil revision petitions arising out of similar issues and therefore, all the three civil revision petitions are disposed of by this common order.

(3.) THE petitioners filed suits for recovery of money advanced to the respondents 1 to 5 on mortgage. The second respondent filed written statements stating that there are other mortgagees in respect of the very same property and the suits are bad for non -joinder of necessary parties. In the trial, after completion of evidence on behalf of the plaintiff, D.W.1 was examined in -chief and was cross -examined. At the time of cross - examination of D.W.2, the petitioners have filed applications in I.A.Nos.87, 85 and 86 of 2007 in O.S.Nos.322, 317 and 321 of 2000 respectively, for impleading the respondents 6 to 16 as defendants 6 to 16. The respondents 2 to 4, 6 and 8 to 12 opposed the said applications. The thirteenth respondent submitted that she is a necessary party and application for impleading her as a defendant must be ordered. The respondents 1, 5, 7 and 14 to 16 were remained ex -parte. The learned Judge considered all the materials on record and arguments, dismissed all the three applications holding that the issue involved in the suits is whether the petitioners are entitled for a decree for recovery of money based on the mortgage and the applications filed after completion of evidence on behalf of the petitioners, D.W.1 and when during cross -examination of D.W.2 is belated and not maintainable. Against the said order, the present civil revision petitions are filed.