MOHAMMED IBRAHIM Vs. MOHAMED SULTHAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the Subordinate Judge, Pudukkottai in I. A. No. 184 of 2003 in O. S. No. 143 of 2000 (dated 21. 08. 2003) allowing the Application filed under Order I Rule 10 c. P. C, ordering to implead the Second Respondent / Proposed Party � Mohamed ismail.

(2.) FACTS necessitated for disposal of this Civil Revision petition could briefly be stated thus: - Suit in O. S. No. 143 of 2000 was filed by the Respondent / plaintiff for the reliefs: - i. Declaration of his Title to "schedule A" property in Merpanaikadu Old S. No. 148/18 New S. No. 148/24 � Western Portion 1 1/8 out of the Central Portion of 2 ½ Cents; ii. Declaring that "schedule B" property in merpanaikadu Old S. No. 145/1 New S. No. 145/23 � Eastern 14 Cents out of 1. 99 acres; iii. Declaring that "schedule C" property in merpanaikadu Old S. No. 148/12 New S. No. 148/19- 2 ½ cents out of 80 Cents; that "schedule C" property is the common pathway of the Plaintiff and the fourth Defendant.

(3.) COUNTERING the arguments of the learned counsel for the Petitioners, learned counsel for the Respondent/plaintiff has submitted that the Plaintiff being dominus litus has got the right to implead the necessary parties and impleading of Mohamed Ismail, who has been denying plaintiff's "schedule A" Property cannot be objected to by the defendants on the ground of misjoinder of Defendants. It is further submitted that the proposed Party Mohamed Ismail has been claiming the right in "schedule A" Property and that he should be impleaded as a necessary party to the suit for full and complete adjudication. Reliance is placed upon the decision reported in P. R. NALLAPPA VS. P. K. SRINIVAS AND OTHERS (2003 (4)L. W. 451 ).