S. SUBRAMANIA OTHUVAR Vs. S. VASANTHI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order dated 15.07.2017 passed in I.A.No. 280 of 2017 in O.S.No.125 of 2015 on the file of the District Munsif cum Judicial Magistrate Court, Sivagiri.

(2.) The learned counsel for the petitioner would submit that an application was filed by the plaintiff/petitioner herein seeking permission to transpose the third defendant as the second plaintiff in the suit. The learned District Munsif Cum Judicial Magistrate, Sivagiri, has observed in the order that when the third defendant is set ex-parte, the application filed to transpose the third defendant could not be allowed and on that ground, the learned Munsif has negative the petition filed by this petitioner.

(3.) According to the learned counsel for the petitioner, the plaintiff has every right to transpose the third defendant as the second plaintiff since the plaintiff is the "Dominus Litis". In support of his contention, the learned counsel for the petitioner would rely on the judgment of this Court reported in AIR 1978 Madras 384, M/s.Aruppukottai Sri Jaya Vilas (P) Ltd Vs. K.N.Karuppiah and others.