D MURTHY Vs. MARUTHAMBAL

JUDGEMENT

(1.) THIS Civil Revision Petition is filed at the instance of the petitioner/plaintiff against the Order dated 18.08.2006 made in I.A.No.279 of 2005 in O.S.No.119 of 2003 by the learned Sub Judge, Attur in dismissing the application filed by the plaintiff in the suit under Order I, Rule 10 of C.P.C. praying the permission of the Court to implead the proposed party Sella Karruppa Udaiyar as 5th defendant in the suit.

(2.) THE trial Court, while passing orders has inter alia observed that "Sale Agreement dated 16.07.2001 has been entered into between the civil revision petitioner and the first respondent and her children and that by not impleading the proposed party as 5th defendant in the suit will not be in any way affected and has resultantly dismissed the impleadment application.

(3.) CONTENDING contra, the learned counsel appearing for the respondents 1 to 5 submits that the proposed party/5th respondent is not a necessary and proper party and that the trial Court has assigned cogent and convincing reasons while dismissing the impleading application and therefore, prays that this Court need not interfere with the orders passed by the trial Court at this stage sitting in revision.