THILRASBANU Vs. SULTHAN

JUDGEMENT

(1.) This revision has been filed seeking for a direction to set aside the fair and decretal order made in I.A. No.27 of 2016 in O.S. No.11 of 2011, dated 17.3.2016, on the file of the District Munsif, Mudukulathur.

(2.) According to the Petitioner, the first respondent herein filed a suit in O.S.No.11 of 2011 before the learned District Munsif, Mudukulathur for declaration and injunction against the respondents 3 and 4 and the above said suit is pending before the said Court. While so, the Petitioner herein has filed an impleading application in I.A.No.27 of 2016 in O.S.No.11 of 2011 to implead himself as third respondent in the main suit. According to the Petitioner, that in the aforesaid suit, the Petitioner's property is also shown in the schedule of property which was purchased by him from the first respondent herein. A counter affidavit has been filed by the respondents. After hearing the parties concerned, the trial Court had dismissed the application. Hence the Petitioner has come forward with the present Civil Revision Petition before this Court.

(3.) Per contra, the learned counsel for the respondents would submit that the Petitioner/proposed third defendant is not necessary to impleaded in the suit. The suit filed by the plaintiff/first respondent has to be dismissed at the threshold. Therefore the petitioner herein has no legal right to implead in the proceedings. Therefore he prays for dismissal of the Civil Revision Petition.