V NATARAJ Vs. SAVITHRI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioner/2nd plaintiff to set aside the Order dated 25.06.2008 made in I.A.No.270 of 2008 in O.S.No.69 of 1988 on the file of the District Munsif Court, Gudiyattam, Vellore District.

(2.) THE 2nd plaintiff in O.S.No.69 of 1988 is the revision petitioner before this Court. THE suit in O.S.No.69 of 1988 was filed by the petitioner herein/plaintiff for declaration and for consequential permanent injunction. Written statement and Additional written statement have been filed by the defendants 1 to 3. Pending suit an application in I.A.No.270 of 2008 was filed by the petitioner/plaintiff to implead the proposed parties as defendants 4 to 8 who are the husband and sons of the deceased daughter of the first defendant. THE said petition was resisted by the respondents 1 to 3/defendants 1 to 3 by filing a counter. THE trial Court by order dated 25.06.2008 dismissed that application. Aggrieved by the same, the above civil revision petition has been filed.

(3.) IN my opinion the order passed by the Court below is correct as any order that would be passed in the suit will not be of any concern to the parties sought to be impleaded. Even without them an effective decree could be passed as their absence will not affect the relief to be granted to the plaintiff, if he succeeds in the suit. Therefore, the proposed parties are neither necessary nor proper parties to be impleaded in the suit that too when the suit filed in the year 1988 is posted for examination of further witness on the side of the petitioner/plaintiff. Thus, the Court below correctly passed the order and it does not warrant any interference under Article 227 of the Constitution of INdia.