SEETHARAMAN Vs. KUMAR

JUDGEMENT

(1.) The revision petitioners who are the defendants 1 and 2 in the Original Suit filed this Civil Revision Petition to set aside the fair and decretal order passed in I.A. No. 70 of 2008 in O.S. No. 121 of 2000, on the file of the District Munsif Court, Mettur. Heard Mr. T. Murugamanickam, learned counsel appearing for the revision petitioners as well as Mr. P. Mani, learned counsel appearing for the first respondent.

(2.) The first respondent/plaintiff has filed the suit in O.S. No. 121 of 2000 seeking the relief of permanent injunction restraining the revision petitioners and also respondents 2 and 3/defendants in the suit from interfering with the first respondent/plaintiffs performing the pooja in the suit temple. In the above said suit, the revision petitioners and third respondent herein filed written statement and the suit is pending for trial.

(3.) The first respondent/plaintiff filed an application in I.A. No. 70 of 2008 to implead four persons namely, 1) Kannaiyar 2) Senthil Kumar 3) Radhakrishnan and 4) Venkatesan as defendants 5 to 8 in the Original Suit. In the said affidavit, it is stated that in the suit temple, six family members are hereditary poojaries and they are performing poojas and without adding the above said poojaries, the suit is bad for non joinder of necessary parties. To avoid the above said technicality, prayed for impleading the above said four proposed parties as defendants 5 to 8 in the Original Suit.