ASHOK KUMAR Vs. K SABARINATHAN

JUDGEMENT

(1.) THIS appeal has been preferred by third party, auction purchaser, against judgment dated 20th Sept., 2001, passed by learned single Judge in A.S. No.1034/86. By the said judgment, learned Judge, while dismissed the appeal and confirmed the judgment and decree of the trial court, the miscellaneous petition preferred by the appellant herein for impleading him as a party respondent to the said appeal was also rejected.

(2.) THE only question that arises for consideration in this case is whether the appellant was a necessary or proper party to be impleaded in the appeal suit in question.

(3.) LEARNED trial court framed five issues and on appreciation of oral and documentary evidence, decreed the suit by judgment and decree dated 23rd July, 1986 in favour of the plaintiff. The said judgment was challenged by the defendant in the appeal suit in which the present appellant, a third party, auction purchaser, filed petition, C.M.P. No.19225/99 to implead him as respondent.