P. AMARNATH Vs. C. PACHAIYAPPAN (DECEASED) AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 26.11.2013 made in I.A.No.929 of 2013 in O.S.No.367 of 2012 on the file of the Principal District Munsif Court, Poonamallee.

(2.) The petitioner is the plaintiff and respondents 1 to 4 are the defendants and respondents 5 to 10 are the third parties in O.S.No.367 of 2012 on the file of the Principal District Munsif Court, Poonamallee. The petitioner filed the said suit for declaration to declare the cancellation of settlement deed dated 12.07.2012, registered as Document No.5286 of 2012 executed by the deceased first respondent as null and void and for an injunction restraining the first respondent from alienating or encumbering the schedule 'B' property. The first respondent filed written statement and is contesting the suit.

(3.) While the suit was pending, the respondents 5 to 10 filed I.A.No.929 of 2013 under Order 1, Rule 10(2) of C.P.C to implead themselves as defendants 5 to 10 in the above suit. According to the respondents 5 to 10, the deceased first respondent has filed O.S.No.136 of 2006 on the file of II Additional District Judge, Poonamallee for partition for allotment of 1/2 share in the schedule 'A' property which are self acquired properties of the deceased father Chinnasamy Naicker, father of the respondents 5 to 8. The said suit was decreed inspite of the stand taken by the respondents 5 to 10 that suit is bad for non-joinder of parties. The respondents 5 to 10 filed appeal A.S.No.920 of 2009 before this Court. This Court, by the order dated 11.01.2012, remanded the suit in O.S.No.136 of 2006 to the Trial Court with a direction to the first respondent to implead all the daughters of deceased Chinnasamy Naicker in the above suit and directed the Trial Court to dispose of the suit after allowing the impleaded parties to file written statement within a period of six months. The first respondent has impleaded only Poongothai, one of the daughters of deceased Chinnasamy Naicker as defendant and did not implead other daughters. The petitioner and his wife A. Chithra Devi were impleaded as defendants 8 and 9 by the order dated 23.08.2012 in I.A.No.944 of 2012 in the said suit for the reason that the petitioner has fraudulently obtained a deed of General Power of Attorney dated 29.6.1989. In view of the above facts, the respondents 5 to 10 are necessary parties to the suit as they have share in the suit property.