K. CHANDRAPIRABA Vs. R. KANAGARAJ

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and final order dated 27.09.2012 in I.A. No.58 of 2012 in O.S. No.282 of 2010 passed by the IV Additional District Judge, Erode at Bhavani.

(2.) The petitioners herein are the plaintiffs in the Suit and the Suit is for partition and separate possession. The petitioners found that during the pendency of the Suit, some of the suit scheduled properties had been sold by the co-owners (R2 and R3), who are all not parties to the Suit. Therefore, the petitioners filed an Interlocutory Application in I.A.No.39 of 2011 to implead the third party purchasers as defendants in the Suit. The trial Court allowed I.A.No.39 of 2011, seeking impleadment on 14.03.2012 and consequent on the allowing of I.A.No.39 of 2011, the petitioners/plaintiffs filed I.A.No.58 of 2012, for amending the cause title in the Plaint.

(3.) The learned counsel appearing for the petitioners contended that the prayer sought for in I.A.No.58 of 2012, is a consequential relief and in view of the fact that I.A.No.39 of 2011 was allowed, it is necessary to amend the cause title in the Plaint. However, the trial Court without considering the consequential relief sought for by the petitioners, dismissed the said Application. Aggrieved over the same, the petitioners have preferred the present Civil Revision Petition.