ADIKESAVA PERUMAL PEYALWAR DEVASTHANAM Vs. LAKSHMI SURESH COUNCILOR

JUDGEMENT

(1.) THE civil revision petitioner/plaintiff has filed this revision aggrieved against the order passed in I.A.No.18166 of 2007 dated 16.07.2008 by the VII Assistant Judge, City Civil Court, Chennai in allowing the application filed by the third defendant under Order 1 Rule 10 of Civil Procedure Code.

(2.) THE trial Court has passed an order in I.A.No.18166 of 2007 dated 16.07.2008 inter alia stating that 'the problem to implead the party is to find out which SR. No encroachment is available. Until other wise the pleadings in the petition is allowed, this petitioner will not be in a position to find out the truth and resultantly, allowed the application.'

(3.) IN the counter filed by the revision petitioner/ plaintiff that it is mentioned among other things that the application has not been filed by the proposed party and the collusion between the third defendant and the proposed party is quite evident and that the first respondent/petitioner/ third defendant has to make out a case for allowing the application and that the said application is a fabulous one and the same is liable to be dismissed with exemplary cost.