MAHA VISHNU Vs. KAILASAM

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order dated 14.07.2010 made in I.A.No.53 of 2009 in A.S.No.46 of 2006 on the file of the Sub Court, Bhavani.

(2.) The petitioner S/o.Kailasam, the first respondent herein/second appellant in the first appeal is the third party to first appeal in A.S.No.49 of 2006 on the file of Sub Court, Bhavani. One Rajammal filed the suit in O.S.No.359 of 2005 on the file of Principal District Munsif, Bhavani, for declaration and injunction. The said suit was dismissed by the Judgment and Decree dated 15.06.2006. Challenging the same, the said Rajammal filed an Appeal in A.S.No.49 of 2006. Pending first appeal, the said Rajammal died on 01.10.2007. The respondents 1 and 2 and respondents 8 and 9 were impleaded as appellants 2 & 3 and respondents 6 & 7 in the first appeal in A.S.No.49 of 2006 as legal heirs of deceased Rajammal vide order dated 13.11.2008 made in I.A.No.132 of 2008. The petitioner filed the present I.A.No.53 of 2009 under Order I Rule 10(2) and Section 151 of CPC for impleading himself as fourth appellant in the first appeal.

(3.) According to the petitioner, the said Rajammal by a Will bequeathed suit property to the petitioner and he has become owner of the suit property. In view of the same, he is necessary and proper party to the suit and prayed for allowing the application.