JESU RAJAMONY Vs. M POUSTIN JOPHITHA MARY

JUDGEMENT

(1.) THIS Revision is directed against the Order of Second additional District Munsif in I. A. No. 218 of 2004 in O. S. No. 1156 of 1996 dated 15. 07. 2004 dismissing the application filed under Or. 1 R. 10 (2) and Sec. 151 C. P. C. The Plaintiff is the revision Petitioner.

(2.) THE Suit O. S. No. 1156 of 1996 was filed for Declaration of the Plaintiff's Title and Possession over Plaint'b'and'c'Schedule property and alternatively to remove the encroachment and for Permanent injunction restraining the Defendants 1 and 2 and their men.

(3.) UPON consideration of the contention of both parties, the learned Second Additional District Munsif , Nagercoil dismissed the Application mainly on the ground that earlier, similar Application was filed in I. A. No. 922 of 2003 and the same was dismissed. It was also pointed out that in view of the filing of the Suit in O. S. No. 889 of 1996 against the proposed Defendants and dismissal of that suit for default, adding of the proposed parties as Defendants is not warranted.