T ASHOKAN Vs. LEELAVENKATAPATHY

JUDGEMENT

(1.) THE present revision is directed against the order of the learned Principal Subordinate Judge, Erode dated 21.3.2007 made in C.M.A. No. 17 of 2005 reversing the fair and final order of the learned second Additional District Munsif, Erode dated 7.1.2005 made in I.A. No. 741 of 2004 in O.S. No. 668 of 2004.

(2.) THE plaintiff in the above referred suit is the petitioner herein and the 3 party in the said proceedings is the first respondent. THE other respondents are defendants 1 to 7.

(3.) PER contra, the learned counsel appearing for the first respondent contended that though originally the application has been filed under Order 1Rule 10 C.P.C, later a memo has been filed before the lower Court for treating the said application under Order 22Rule 10(1)(a) of C.P.C. and hence, the civil miscellaneous appeal preferred against the order of the lower Court is perfectly maintainable. Further, the learned counsel appearing for the first respondent pointed out that the first respondent is not only a proper party but also a necessary party in the suit that had been laid by the petitioner.