RAVICHANDRAN Vs. P SHANMUGAM

JUDGEMENT

(1.) The civil revision petitioner/first respondent/plaintiff has filed this civil revision petition aggrieved against the order dated 12.08.2008 in I.A. No. 814 of 2008 in O.S. No. 417 of 2005 passed by the Additional District Judge, Fast Track Court No. V, Coimbatore at Tiruppur in allowing the application filed by the first respondent/proposed party under Order 1 Rule 10 of Civil Procedure Code and directing him to be impleaded as 9th defendant in the suit.

(2.) The trial Court has passed orders in I.A. No. 814 of 2008 inter alia observing that 'the plaintiff has denied the execution of the made over deed, the original of which has been filed along with the petition, the deed has has become a disputed document etc. and further that as the plaintiff denies its execution, the first respondent/proposed party cannot be impleaded as second plaintiff in the suit and to avoid multiplicity of litigation in respect of agreement for sale and also to consider the claim of the proposed party, he has been ordered to be impleaded as 9th defendant in the suit etc. and resultantly, has allowed the application.

(3.) According to the learned Counsel for the revision petitioner/plaintiff that the trial Court has not considered the merits of the claim of the revision petitioner from proper perspective viewed point and that the trial Court should have seen that a person who sought to get himself impleaded based on an alleged unregistered deed of assignment ought to prove the assignment in the manner known to law and that the proposed party has no cause of action to continue the suit either as a plaintiff or as a defendant without proof of such an assignment and that the plaintiff is the dominus litus in the suit filed by him, which fact has not been taken into consideration by the trial Court and a third party cannot be thrust against and the trial Court has not borne in mind of the fact that the son who claimed to have obtained an assignment in his favour is enimical towards his mother and therefore, prays for allowing the civil revision petition in the interest of justice.