KELLOTH IBRAHIM HAJI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a Civil Revision Petition sought to be preferred against the order made by the learned District Munsif of Badagara in K. I. A. No. 517 of 1936 in O. S. No. 339 of 1955.

(2.) THE facts are:-- The suit is one for partition and separate possession of the plaintiff's share in the properties shown in the plaint. The properties, it is alleged, originally belonged to one Moideenkutti who died about 20 years ago. Plaintiff alleges that he has obtained a share in the property by virtue of an assignment from some of the legal representatives of the said Moideenkutti, Defendants 8, 10 and 11 also claim shares in the property by virtue of assignments executed in their favour by certain persons who are also stated to be some of the legal representatives of the said Moideenkutti. Therefore, these defendants preferred R. I. A. No. 517 of 1956 in the lower Court contending that in view of the fact that there is keen dispute between the parties regarding the shaves, regarding devolution of right and regarding the original partition set up in the written statement and some other matters raised therein, their assignors should also be impleaded. The plaintiff resisted this application on the ground that he cannot be compelled to implead the assignors in view of the admitted position that they have no subsisting right over the properties and that it is only an attempt to cause unnecessary complications and put the plaintiff to trouble, delay and expense and that he cannot also be compelled to implead persons for the purpose of safeguarding the rights of the party-defendants which should be left open to be agitated by them if necessary in separate proceedings.

(3.) ORDER I, Rule 10 (2) of the Code of Civil Procedure states: ''the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be jast, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved iu the suit, be added. "