LAWS(MAD)-2008-3-257

M SATHISHKUMAR Vs. M RAMASAMY

Decided On March 24, 2008
M. SATHISHKUMAR Appellant
V/S
M. RAMASAMY Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioner to set aside the fair and final order dated 08.11.2006 made in I.A.No.119 of 2006 in O.S.No.163 of 2004 on the file of the Additional District Court-Fast Track Court No.II, Salem.

(2.) THE plaintiff in O.S.No.163 of 2004 is the revision petitioner herein. He has filed a suit in O.S.No.163 of 2004 against the 6th respondent herein on the file of the Additional District Judge, Fast Track Court No.II, Salem for specific performance of the agreement for sale. THE 6th respondent herein has filed a written statement and he is contesting the said suit. Pending suit, the respondents 1 to 5 herein filed an application in I.A.No.119 of 2006 praying to implead them as defendants 2 to 6 in the original suit and permit them to contest the suit. THE said application was resisted by the petitioner/plaintiff. However, the trial Court by an order dated 08.11.2006 allowed the application and directed the parties to be impleaded as defendants 2 to 6 in the suit. Aggrieved by the same, the civil revision petition has been filed by the petitioner/plaintiff.

(3.) WHILE so, the respondents 1 to 5 herein claiming to be the power of attorney of the 6th respondent/defendant in the suit filed an application in I.A.No.119 of 2006 seeking to implead themselves as party defendants, 2 to 6. The said application was vehemently opposed by the petitioner/plaintiff. However, the trial Court allowed the application stating that the respondents 1 to 5 are necessary parties for just and fair conclusion.