DEIVATHAL AND OTHERS Vs. LOGANATHAN AND OTHERS

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 20.07.2015 made in I.A. No. 92 of 2015 in O.S. No. 268 of 2004 on the file of the District Munsif Court, Avinashi.

(2.) The petitioners are defendants 1 to 3, first respondent is fifth defendant, second respondent is fourth defendant and respondents 3 to 5 are the plaintiffs in O.S. No. 268 of 2004 on the file of the District Munsif Court, Avinashi. The respondents 3 to 5 filed the said suit for partition against the petitioners. Pending suit, respondents 3 to 5 sold the property to the second respondent. The second respondent in turn sold a portion of the property to the first respondent. Subsequently, respondents 1 and 2 were impleaded as defendants 5 and 4 respectively in the suit.

(3.) First respondent filed I.A. No. 92 of 2015 under Order 8, Rule 9 C.P.C., for permission to file additional written statement along with counter claim in the suit. According to the first respondent, the respondents 3 to 5, who are the plaintiffs sold the property to the second respondent by the deed of sale dated 26.12.2006 and the first respondent purchased a portion of the property from the second respondent by the deed of sale dated 31.01.2007. The respondents 3 to 5, in collusion with the petitioners, are not conducting the case properly. The first respondent filed I.A. No. 221 of 2014 under Order 1, Rule 10 C.P.C., to transpose the first respondent as a plaintiff and respondents 3 to 5 as defendants 5 to 7 and to proceed the suit as plaintiff. The said application was dismissed by order dated 09.12.2014. In the said order, the learned Judge has given a direction to the first respondent to file counter claim to establish his right over the suit property. The first respondent, in the circumstances, has filed the present I.A. No. 92 of 2015 for permission to file counter claim in the suit.