R. SELVARAJAN Vs. EASWARI @ ANNAPOORANI AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order dated 05.09.2012 made in I.A.No.248 of 2012 in O.S.No.20 of 2009 on the file of the II Additional Subordinate Court, Erode.

(2.) The petitioner is third party, first respondent is the plaintiff and respondents 2 to 5 are the defendants 1, 3 to 5 in O.S.No.20 of 2009 on the file of the II Additional Subordinate Court, Erode. The first respondent filed the said suit for partition of the suit property. According to the first respondent, the suit property is a joint family property of the respondents. The respondents 2 to 5 did not agree for the partition. Hence, she filed said suit for partition. The petitioner filed I.A.No.248 of 2012 under Order 1, Rule 10 (2) and section 151 of C.P.C for impleading himself as party defendant in the suit. According to the petitioner, his father, Ramasamy Naidu was absolute owner of 94 cents in S.F.No.254/1 (R.S.No.308/2 to 7, 309/7, 8 and 313/3). The respondents and others have initiated various proceedings without impleading his father and obtained collusive decree, allotting the share to the parties in the suit. The petitioner also filed suit for partition in O.S.No.166 of 2007 on the file of the I Additional District Munsif Court, Erode (formerly O.S.No.652 of 1995 on the file of the Principal Subordinate Court, Erode) and preliminary decree was passed in the said suit. According to the petitioner, the respondents have included the property belonging to him in the suit for partition and therefore, he is necessary and proper party to the present suit.

(3.) The first respondent and other respondents filed separate counter affidavits and denied that property of the petitioner is also subject matter of the present suit for partition. The suit properties are a different properties and nothing to do with property belonging to the petitioner and prayed for dismissal of the application.