RASU Vs. FARIDA BEEVI

JUDGEMENT

(1.) THIS Civil Revision petition is projected by the petitioner/defendant as against the orders dated 04.07.2008 in I.A.No.359 of 2007 in O.S.No.15 of 2005 passed by the learned District Munsif-cum-Judicial Magistrate, Nannilam, in dismissing the application filed by the revision petitioner/defendant under Order 1 Rule 10(2) of Civil Procedure Code praying permission of the Court to implead parties to the suit.

(2.) THE trial Court while passing orders in I.A.No.359 of 2007 has opined that the dispute between the parties is only in respect of tenancy and since the site belongs to the Government, the Government will take necessary action against the respondent and the cause of action is different from the cause of action of the suit on hand and resultantly has dismissed the application.

(3.) IN the result, the Civil Revision Petition is dismissed. It is open to the revision petitioner/defendant to project his case before the trial Court and to seek appropriate remedy in accordance with law. It is brought to the notice of this Court by the learned counsel for the revision petitioner/defendant that the pleadings have been completed and issues have been framed and therefore the suit is ripe for trial and in the view of the matter, this Court directs the trial Court, namely, District Munsif-cum-Judicial Magistrate Court, Nannilam to dispose of the suit within a period of two months from the date of receipt of a copy of this order and to report compliance to this Court. No costs. Consequently, connected Miscellaneous Petition is closed.