R NAGARAJAN Vs. BRIGHT FOUNDARIES COIMBATORE PVT LTD

JUDGEMENT

(1.) THIS civil revision petition is filed by the revision petitioner/ petitioner/first defendant aggrieved against the order dated 06.03.2008 in I.A.No.1022 of 2005 in O.S.No.99 of 2005 passed by the District Munsif cum Judicial Magistrate, Avinashi, Coimbatore in dismissing the application filed under Order 1 Rule 10(2) and Section 151 of Civil Procedure Code to strike out the revision petitioner's name in the suit as a wrong person.

(2.) THE trial Court while dismissing the I.A.No.1022 of 2005 has inter alia observing that on perusal of the records it is found that in the suit the respondent/plaintiff has claimed the relief only against the revision petitioner/petitioner/first defendant and after considering the arguments advanced on both sides as well as the affidavit and counter affidavit of the parties, the Court is of the opinion that it is impossible to decide whether the revision petitioner/petitioner/first defendant is the necessary party to the suit or not at the present stage and it can be decided only after full-fledged trial and resultantly, dismissed the application without costs.

(3.) ACCORDING to the learned counsel for the revision petitioner, neither the revision petitioner nor the first defendant school is the owner of the suit property and hence, the revision petitioner is a wrong person in the suit and as such, the revision petitioner has been improperly joined in the suit and therefore, the revision petitioner's name should be struck off from the suit.